{"id":4698,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/employment-forms-contracts-discipline-termination-and.html"},"modified":"2024-06-06T04:55:47","modified_gmt":"2024-06-06T09:55:47","slug":"employment-forms-contracts-discipline-termination-and","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/employment-forms-contracts-discipline-termination-and.html","title":{"rendered":"Employment Documents: Discipline, Termination, and Severance"},"content":{"rendered":"\n
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Employment Documents: Discipline, Termination, and Severance<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Susan Mills Richmond, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Business owners use employment contracts<\/a> and employee handbooks at the beginning of an employment relationship. These documents outline company policies and the duties of the employer and employee.<\/p>\r\n

Many employers also have contracts and forms that define the end of the employment relationship<\/a>. When firing employees, businesses may need termination documents to protect themselves against possible legal action. A termination contract may contain a non-competition<\/a> or nondisclosure clause<\/a>.<\/p>\r\n

There are general forms available online for discipline and termination documents. But small business owners should ensure that the documents they have fit the situation. Consult an employment law attorney with any questions or concerns.<\/p>\r\n

Disciplinary Policies and Documentation<\/h2>\r\n

Most employers dislike disciplinary action<\/a> as much as their employees. This is why businesses created human resources departments. Absent some violations (e.g., discrimination laws), there are no state or federal laws telling employers how to discipline workers. Managing employee behavior is entirely at the discretion of the company.<\/p>\r\n

Strict federal and state laws define what you may not do during your disciplinary process. You can’t base your disciplinary policies on subjective factors<\/a>. You must base decisions on objective factors like employee performance or job-related infractions.<\/p>\r\n

You should document all employee discipline and keep copies in the employee’s file. The documents should show a trail of progressive discipline and corrective action following your company’s disciplinary policy. For example, a progressive discipline policy might look like this:<\/p>\r\n