THE BACKBONE OF HR COMPLIANCE

New York Performance Management & Termination Toolkit

The New York Cannabis Performance + Termination Toolkit gives established operators a documentation system that protects what you've built, so discipline and separations are handled consistently, defensibly, and without surprises.

Nine state-specific documents. Fully editable. Built for New York's cannabis employment laws, not a generic template that doesn't know your industry.

Written Warnings
Performance Improvement Plan
Final Warning
Termination Letter
Termination Checklist

PERFORMANCE & TERMINATION TOOLKIT

You've been figuring HR out as you go. Most cannabis operators have.

Here's the honest truth about HR in the cannabis industry: most operators, even those who genuinely care about their teams, are running on a combination of instinct, memory, and whatever they cobbled together when they first hired employees.

That works, until it doesn't.

As your team grows, the informal approach that served you in year one starts to create gaps. A discipline conversation that wasn't documented. A termination that felt right but doesn't have a paper trail. A former employee who files an unemployment claim and you're not sure you have what you need to contest it.

None of this means you've been doing anything wrong. It means you've been busy running a business, and HR documentation is the part that's easy to deprioritize when you have a hundred other things on your plate.

The good news... you can confidently avoid the potential $15,000 termination mistake once you have the right tools.

PERFORMANCE & TERMINATION TOOLKIT

Here's what's actually at stake as you scale

A single wrongful termination claim will cost an employer a minimum of $10,000–$30,000 in legal fees to defend, before any settlement. A single UI claim that's lost because documentation was missing costs 10–15 weeks of benefits plus a rate increase that compounds for years.

This kit prevents both.

We're not going to scare you with lawsuit statistics. But we do want to be honest about what grows alongside your business when HR documentation doesn't keep pace.

Unemployment claims become harder to contest. New York's unemployment system requires documented progressive discipline to successfully dispute a claim. Without signed warnings on file, even a legitimate termination can result in a paid claim, and your SUTA tax rate climbing year over year.

Cannabis-specific rules create specific exposure. New York has employment laws around cannabis use, drug testing, and employee protections that standard HR templates miss entirely. The rules that apply to a restaurant or a retail store don't always apply the same way here, and sometimes they work against you in ways you wouldn't expect.

Inconsistent discipline creates its own risk. When some employees get documented warnings and others get a conversation that was never written down, you open the door to claims of unequal treatment. Consistency isn't just good management, it's legal protection.

The operators who handle this well aren't the ones who got lucky. They built a system.

PERFORMANCE & TERMINATION TOOLKIT

What's inside:

Clear, structured tools to help you manage performance issues, document decisions, and handle terminations with consistency and confidence.

The New York Cannabis Performance Management and Termination Toolkit is a complete documentation system with nine state-specific, fully editable Word documents designed for cannabis operators who need HR tools that are quick and easy to implement.

01

Progressive Discipline Policy

Your foundational HR document. Covers at-will employment, the discipline process, New York-specific cannabis protections, and on-duty impairment standards. Drop it into your handbook or use it as your standalone policy.

What it handles: At-will employment, five-step discipline process, immediate termination offenses, New York-specific cannabis law callouts, policy review schedule.

02

Verbal Warning Template

A structured documentation form that turns a difficult conversation into a signed record. Because a verbal warning that exists only in your memory isn’t a warning at all.

What it handles: Incident documentation, prior discussion history, required improvement, employee response, signature block with refusal notation.

03

Written Warning Template

Step two of the discipline process. Formal, detailed, and built to create the record you need if the situation escalates.

What it handles: Violation categories, policy reference, corrective action timeline, consequence documentation, and employee rebuttal option.

04

Performance Improvement Plan (PIP)

A structured 30–90 day improvement framework that gives employees a genuine path forward, and gives you a clear, documented record of whether they took it.

What it handles: SMART goal tables, check-in schedule, support and resources section, formal outcome documentation with three possible results.

05

Final Written Warning

The last step before termination. Designed to be understood as final, with language that leaves no ambiguity about what comes next.

What it handles: Full disciplinary history recap, specific required actions, evaluation period, and formal consequence statement.

06

Simple Termination Letter

A clear termination document designed to communicate the decision respectfully while covering essential details like final pay, benefits, and next steps.

What it handles: At-will employment language, separation date confirmation, final paycheck and New York mini-COBRA benefits information, and company property return.

07

Separation Agreement

A baseline release-of-claims template with New York-specific provisions built in, including required review and revocation periods, wage protection language, and a properly structured non-disparagement clause. Your attorney will want to review this before you use it in high-stakes separations. It’s designed to make that review fast.

What it handles: New York-specific release requirements, ADEA/OWBPA provisions for employees 40+, NLRA savings clause, governing law, signature blocks. Includes guidance on New York’s pending “No Severance Ultimatums Act” (S.372), which would expand the 21-day review and 7-day revocation period to all severance agreements.

08

Termination Checklist

The document most operators wish they’d had. A step-by-step checklist covering everything that needs to happen before and after a separation, including steps specific to cannabis businesses that standard HR checklists miss.

What it handles: Pre-termination review, New York-specific cannabis employment law checks, METRC access removal, company property return, systems access log, New York final pay requirements, COBRA notice, and documentation filing. Includes links to the required NY DOL Record of Employment (Form IA 12.3) and notice deadlines.

09

Unemployment Response Guidance

A plain-language guide to New York‘s unemployment system: who handles claims, what the misconduct standard actually is, how to respond to the New York agency, and a form-by-form guide to writing responses that win. Includes a tracking log for all open claims.

What it handles: New York Department of Labor contact info and response window, New York misconduct definition, termination type × UI outcome table, cannabis-specific UI considerations, and response form guidance. Our Unemployment Response Guide also includes a table for you to keep track of unemployment claims against your company and outcomes, to simplify your record keeping. Includes NY’s Form IA 12.3 (Record of Employment) requirements.

10

Reasonable Suspicion Observation Report

A structured documentation tool for recording objective, real-time observations when impairment is suspected in the workplace, helping you capture what was seen, heard, and reported without speculation or bias.

What it handles: Date/time and location of observations, specific physical and behavioral indicators, employee statements, space for two supervisor witness statements, supervisor signatures, room for additional witness statements, and a standardized format that separates observable facts from conclusions.

Why New York-specific matters

New York-specific isn't a marketing line. It's what sets our templates apart

New York is the first state in the nation to broadly ban cannabis drug testing for most employees. This means that if your employee is sampling product on the clock, creating performance or safety issues, you have to handle the situation in a very specific way. Instead of a test, you need documented "specific articulable symptoms" of on-duty impairment and the New York Department of Labor has explicitly said that the smell of weed alone isn't enough. A generic impairment policy built for any other state will fail you in New York. This kit is built specifically for New York cannabis businesses.

EDIT IN GOOGLE DOCS

Easy to use templates

This kit is built for real-world use.

The templates are:

Written in plain language
Easy to customize
Structured for consistency
Practical for day-to-day management
Include a customization and usage guide

You don’t need a formal HR background to use them effectively.

PERFORMANCE & TERMINATION TOOLKIT

How it works:

  1. Use the progressive discipline framework as your foundation
  2. Apply templates consistently across performance situations
  3. Document issues clearly as they arise
  4. Follow structured steps if termination becomes necessary

Everything is designed to work together as a system, not as isolated documents.

KUSH HR CONSULTING

A Note on What This Kit Is

These documents are professionally developed, New York-specific tools built by seasoned cannabis HR compliance specialists who have spent years working through exactly these issues with operators like you.

They are not a substitute for legal advice. The Separation Agreement especially should be reviewed by a New York employment attorney before you use it in a high-stakes separation. What these documents do is get you 90% of the way there so that review is fast, focused, and doesn't cost you a fortune.

Every HR department runs important documents by the company's legal advisors before putting them to use. You're not buying legal protection. You're buying the system that reduces your legal risk and the infrastructure that makes legal protection affordable.

And if you ever have questions about how to use any of these documents for your specific situation, we're here. This isn't a download-and-disappear product. We're genuinely invested in helping cannabis businesses get this right.

PROTECT YOUR BUSINESS

The right moment to build this system is before you need it

Invest in the New York Performance Management and Termination Toolkit, only $379 for the complete nine-document system.

It's the cost of less than two hours with an employment attorney, and it covers every stage of the discipline and separation process, already customized for New York's cannabis employment laws.

If you're growing, if you're hiring, if you've had a close call, or if you just know this is a gap you've been meaning to close, this is easiest way to get started.

We fully back our products

Free toolkit updates

We monitor federal and state employment law and cannabis regulations so you don't have to. For the first twelve months after your purchase, we will send you an email notifying you of changes that are relevant to your toolkit and walk you through the edits you need to make.