Learn practical framework every employer should ask before taking disciplinary or termination action.
Many employers--especially those in supervisory or HR roles--struggle to determine whether they have sufficient legal and procedural justification to discipline or terminate employees. Unclear policies, inconsistent application of rules, lack of documentation, and inadequate investigations can lead to costly wrongful termination claims, damage to morale, and reputational harm. Managers often act without a clear, structured approach to determining just cause, putting their organizations at legal risk. This presentation introduces a practical framework based on seven critical questions every employer should ask before taking disciplinary or termination action. Participants will learn how to evaluate employee conduct, ensure fair investigations, and determine if disciplinary action is justified and consistent with company policy and the law. Real-world case examples and best practices will guide participants through each step of the process, helping them to avoid common errors and ensure defensible decision-making. This presentation is essential for supervisors, HR professionals, and business owners who want to reduce legal exposure and foster a fair, compliant workplace.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Agenda
Overview
- Importance of Due Process in Discipline and Termination
- Legal Risks of Wrongful Termination Claims
- Role of Documentation and Consistency in Defensible Decision-Making
The 7 Questions Framework: Establishing Just Cause
- Did the Employee Know the Rule or Policy That Was Violated?
- Was the Rule or Policy Reasonable and Fairly Applied?
- Was a Proper Investigation Conducted Before Action Was Taken?
- Was the Investigation Fair and Objective?
- Is There Clear Evidence of Employee Misconduct or Performance Failure?
- Has Discipline Been Applied Consistently Across Similar Cases?
- Was the Disciplinary Action Proportionate to the Offense?
Applying the Framework to Real-World Cases
- Case Study Walkthroughs
- Group or Individual Analysis: Which Questions Were Missed?
- Lessons Learned From Past Employer Missteps
Creating a Culture of Preventive Accountability
- Proactive Coaching and Corrective Feedback
- Setting Expectations Early Through Onboarding and Handbooks
- Encouraging Documentation at All Levels of Supervision
Questions and Final Thoughts
- Addressing Participant Questions
- Reinforcing Key Takeaway: Use the 7-Question Model Before Acting
- Providing Resources for Policy Development and Training
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Credits
OnDemand Course
This course was last revised on August 25, 2025.
Call 1-866-352-9540 for further credit information.
- ASA 1.0
- This program may qualify for 1.0 continuing education hour(s) towards maintaining your ASA credential. Please contact ASA for more information at [email protected]. Please retain proof of attendance in the event your CE record is audited.
- AR CLE 1.0
- This course has been approved for 1.0 hours of CLE by the Arkansas CLE Board.
- Arizona CLE 1.0
- The Arizona State Bar does not pre-approve or pre-certify MCLE programs. However, records of this program and attendance will be maintained by Lorman Education Services for auditing purposes. This activity may qualify for up to 1.0 hours toward your annual CLE requirement for the State Bar of Arizona.
- CA MCLE 1.0
- Lorman Education Services is a State Bar of California approved MCLE sponsor and this course qualifies for 1.0 CLE hours of participatory credit.
- CT CLE 1.0
- Neither the Connecticut Judicial Branch nor the Commission on Minimum Continuing Legal Education approve or accredit CLE providers or activities. This course has been approved for CLE credit in jurisdictions aside from CT and therefore it automatically meets the content and delivery requirements in Connecticut. Credit is based on a 60 minute credit hour and shall be awarded as follows: 1.0 CLE credit(s).
- GA CLE 1.0
- This program has been approved by the Georgia Commission on Continuing Lawyer Competency for 1.0 CLE hours.
- HI CLE 1.0
- This program was approved by the Hawaii State Board of Continuing Legal Education for 1.0 CLE credit hours.
- IN CLE 1.1
- This program has been approved by the Indiana Commission on Continuing Legal Education. Participating attorneys are eligible to receive up to 1.1 hours of Distance Education credit.
- MO CLE 1.3
- This course qualifies for self-study CLE credit in Missouri.
- ND CLE 1.0
- North Dakota CLE policy does not allow for pre-approval of any self-study courses. This course may qualify for up to 1.0 hours of CLE credit.
- NH MCLE 1.1
- NH MCLE does not approve or accredit CLE activities for the NH Minimum CLE requirement. Lorman Education Services believes this Ondemand course meets the requirement of NH Supreme Court Rule 53 and may qualify for CLE credit(s). Program Length: 67 Minutes.
- NJ CLE 1.3
- This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.3 hours of total CLE credit.
- NV CLE 1.0
- This program has been approved by the Nevada Board of Continuing Legal Education for 1.0 CLE hours.
- OH CLE 1.0
- This course has been approved by the Ohio Supreme Court Commission on Continuing Legal Education for 1.0 CLE credit hours. To fulfill CLE requirements for self-study, web-based programs, you must complete 100% of the polling questions during the program. Your hours will be filed electronically within thirty (30) business days by Lorman Education Services provided you fulfilled 100% attendance and polling questions answered.
- PA CLE 1.0
- This Distance Learning program has been approved by the Pennsylvania Continuing Legal Education Board for 1.0 hours of substantive law, practice and procedure CLE credit.
- TN CLE 1.12
- This program has been approved as a distance learning format by the Tennessee Commission on Continuing Legal Education for a maximum of 1.12 hours of credit.
- VT CLE 1.0
- This self-study program has been approved by the Mandatory Continuing Legal Education Board of Vermont for 1.0 hour(s) of CLE credit. Please note: Attorneys may only claim 12 credits per compliance period in this format. This course is considered "Non-Moderated Programming without Interactivity".
- WI CLE 1.0
- This program qualifies for 1.0 hour(s) of ondemand CLE through the WI Board of Bar Examiners.
- WV MCLE 1.3
- This program has been approved by the West Virginia State Bar MCLE Commission for 1.3 MCLE hours.
HR Certification Institute 1.0
- This E-Learning program has been pre-approved for 1.0 (General) recertification credit hours toward aPHR®, aPHRi(TM), PHR®, PHRca®, SPHR®, GPHR®, PHRi(TM), and SPHRi(TM) recertification through HR Certification Institute® (HRCI®). For more information about certification or recertification, please visit the HR Certification Institute website at www.hrci.org.
SHRM 1.0
- Lorman Education Services/Noggin Guru Inc. is recognized by SHRM to offer Professional Development Credits (PDCs) for the SHRM-CPSM or SHRM-SCPSM. This program is valid for 1.0 PDC(s) for the SHRM-CP or SHRM-SCP.
To earn each credit Lorman offers through the OnDemand learning platform, you need to watch 100% of the program. Also, for certain credits you will need to fulfill additional requirements which will be displayed on the "credits" tab when viewing the course.
- Those applying for AIA and HRCI must view 100% of the program and answer the questions following the program.
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
MP3 Download
- Arizona CLE 1.0
- CA MCLE 1.0
- CT CLE 1.0
- HI CLE 1.0
- MO CLE 1.3
- VT CLE 1.0
- WV MCLE 1.3
This program does NOT qualify, nor meet the National Standard for NASBA accreditation.
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
Faculty
William J. Rothwell, Ph.D., SPHR, SHRM-SCP, RODC, CPTD Fellow
Rothwell & Associates, Inc.
- President, Rothwell & Associates, Inc.
- Distinguished Professor Emeritus, Penn State University
- Professional practice emphasizes succession planning, talent development, workforce planning, and human resource strategy
- Regularly speaks at national and international conferences on workforce and talent management
- Author of more than 172 books, including:
• Effective Succession Planning
• The Manager’s Guide to HR
• Revolutionizing the Online Learning Journey
- Member of the following professional organizations:
• Association for Talent Development (ATD)
• Society for Human Resource Management (SHRM)
• Organization Development Network (OD Network)
• Academy of Human Resource Development (AHRD)
- Holds a Ph.D., DBA, M.A., M.B.A., and B.A.
- Can be contacted at [email protected]
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Why Lorman?
Over 38 years and 1.4 million customers worth of experience providing continuing education. Our passion is providing you world-class training to help you succeed in business and as a professional.
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