We are in Texas and employers are well protected here. However our HR Manager is from California and Chicago and mentioned this to me. She said even here in Texas employers are best to think in terms of best/worst case scenario. Is it worth time, effort, and inconvenience to just follow a best practice protocol. She told me that’s why we need to document very well prior offenses in the event it ends up in litigation and it must be uniformly implemented. But this is a small dentist office so who knows if he would adhere to it.