Q. We fired one of our truck drivers after giving him a written warning about continued lateness in completing weekly logs. Should we have taken any other action prior to his termination?
A. It depends. There is no law in Pennsylvania that requires taking specific disciplinary action before termination, unless dictated by an employment contract or collective-bargaining agreement.
Did you meet with the driver before terminating him to determine whether he had a legitimate excuse for being late? Although not legally required, it’s a good idea to have that type of discussion to make sure you have all of the facts before making a final decision.
Before terminating an employee, you should also review how you have treated other employees who engaged in similar conduct.
If you terminate an employee when you have not terminated other employees who did the same thing or when you have given other employees additional opportunities to correct their behavior, you could be vulnerable to a discrimination claim.
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