Document each step of progressive discipline.

Employers that have a progressive discipline process--in which discharge can only happen after counseling and a series of warnings have occurred--have an advantage if a terminated employee sues them for discrimination.

Such cases often hinge on employees showing that co-workers who broke the same rule weren't punished, and then arguing that the disparity proves some sort of discrimination (age, race, disability, etc.). That's hard to do if the other employees weren't at the same step in the disciplinary process.

Recent case: Todd worked for a hospital that used a four-step progressive discipline program: verbal warning, written warning, suspension and termination. It also has strict rules against disclosing patient details.

Over several months, Todd received two warnings (arguing and attendance) and a suspension (missed shift). He was finally fired after discussing a patient in...