Terminating an employee is never an easy task, but it’s a necessary part of managing a workplace. One of the most important parts of workforce management is understanding what constitutes a fireable offense, which is an action or behavior that justifies immediate dismissal.
Knowing how to handle terminations fairly and legally is key to protecting your organization while respecting the rights of your employees. Use Mosey’s guide to help you recognize fireable offenses, define them in employee handbooks, and avoid potential pitfalls like wrongful termination claims.
What Is a Fireable Offense?
A fireable offense is any action or behavior by an employee that violates company policies, disrupts the workplace, or severely damages the employer-employee relationship. Some fireable offenses are so serious that they require immediate termination, while others may involve progressive discipline first.
Fireable offenses usually fall under two umbrellas: gross misconduct and performance issues.
Gross Misconduct
These are severe actions that typically result in immediate termination. These actions typically involve putting clients, customers, or other employees in danger. They often involve criminal behavior.
- Theft or fraud
- Workplace violence
- Harassment or discrimination
- Drug or alcohol use during work hours
- Breaching confidentiality
Gross misconduct usually leads to immediate firing. There’s no reason to stage a disciplinary intervention when an employee commits a crime.
Performance-Related Issues
Performance-related issues involve consistent failure to meet job expectations or follow policies. They don’t usually warrant immediate firing, as disciplinary action, coaching, and performance plans can correct these issues.
However, when intervention proves ineffective, these offenses become fireable:
- Chronic absenteeism
- Poor performance despite warnings
- Repeated insubordination
- Violation of company policies or procedures
Your company’s internal procedures for handling performance-related issues should specifically outline at what point it becomes necessary to fire an employee for these issues.
Why Does Defining Fireable Offenses Matter?
Clearly defining fireable offenses is vital for creating a fair and legally compliant workplace. When employees understand what is expected of them and what behaviors are unacceptable, they’re less likely to commit violations. For HR, having clear definitions helps ensure consistency in enforcing rules and handling terminations.
Defining fireable offenses can reduce the potential for wrongful termination disputes. If employees have a clear understanding of what constitutes a fireable offense, it’s much harder to make an argument that their termination was wrongful.
When employees are informed of rules and disciplinary procedures, they’re less likely to feel blindsided or treated unfairly by consequences pre-described as proportionate to their actions.
What Is the Role of Employee Handbooks?
An employee handbook is a critical tool for outlining workplace policies and expectations. It serves as a guide for employees and a point of reference for HR when addressing disciplinary issues.
A thorough handbook should include a detailed section outlining behaviors that can lead to immediate termination. Use clear, specific language to detail fireable offenses and avoid confusion. Explain the steps the company will take to address issues, such as verbal warnings, written warnings, and final notices.
Your code of conduct should perfectly correlate with your list of fireable offenses and disciplinary procedures, serving simultaneously as a “how to” and “how not to” relating to workplace behavior.
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What Are Some Best Practices for Writing Policies in Your Handbook?
The best practice for writing policies is to use straightforward language. You don’t want anyone to misunderstand your expectations and procedures. Avoid vague terms like “unprofessional behavior” without examples.
Hanging up on a customer during a call or leaving early without prior approval are unprofessional behaviors that may require disciplinary action. In contrast, something like taking a few hours to answer an email may be far more understandable, given the circumstances.
Specify that the list of fireable offenses is not exhaustive and that other actions may warrant termination. Unique circumstances can occur that may create a fireable offense that you hadn’t anticipated. Leave yourself some room to make determinations on a case-by-case basis, but use your established standards to make an assessment.
Update your handbook regularly to reflect changes in laws and company policies. Employment laws may impact what you can and cannot consider a fireable offense. It’s best to stay on top of evolving state and local laws and frequently review your handbook.
What Steps Should You Take Before Termination?
Although it’s usually clear when an employee commits a fireable offense, it’s important to follow your internal disciplinary protocol.
Even if investigating the incident is unlikely to change the outcome, following protocol shows respect for your internal processes and provides protection against wrongful termination claims.
1. Investigate the Incident
Gather all relevant facts about the alleged offense. Interview witnesses, review evidence, and watch security footage. Treat the process similarly to a criminal investigation. Ideally, you’ll have enough evidence to clearly support your verdict before you fire an employee.
2. Review Policies
Compare the employee’s actions to your company policies as outlined in the employee handbook. Giving your organization some room to make determinations about fireable offenses that may not be specifically described is important to protect your rights as an employer and to protect your employees from the actions of other employees who act inappropriately.
If a situation arises that wasn’t specifically described in your handbook, consider updating your policies to include more specificity. Every disciplinary action or termination within your company is a learning experience that can help you shape internal policy.
3. Consult Legal or HR Advisors
When in doubt, consult your legal team or an experienced HR advisor to ensure you’re following proper procedures and minimizing risks. Every state (except Montana) utilizes at-will employment.
However, even though employers have freedom, it’s best not to risk your company’s compliance status or reputation by giving the appearance that you wrongfully or prematurely terminate employees.
How To Handle Immediate Terminations
In cases of gross misconduct or other serious violations, immediate termination may be necessary.
Here’s how to handle the process professionally and legally.
Document Everything
Maintain detailed records of the offense, investigative steps taken, evidence reviewed, and discussions with the employee. This documentation will be critical if the termination is later challenged.
Schedule a Meeting
Conduct the termination meeting privately and respectfully. To ensure accountability, include a witness, such as another HR professional or a supervisor. Be prepared to share documents relating to the investigation with the employee you’re firing.
Communicate Clearly
During the meeting, you need to state the reason for termination and reference the specific policy violation or incident. Provide a termination letter summarizing the decision.
Retrieve Company Property
Request the immediate return of items like ID badges, laptops, or keys. Ensure the employee no longer has access to company systems. It’s best to make immediate arrangements to revoke the terminated employee’s access on the spot. This can prevent actions taken out of anger, like sabotage to the company or destruction of property.
Handle Final Pay
Follow your state’s laws regarding final paychecks and accrued benefits. In many states, employers must provide the final paycheck on the termination day. Be prepared to meet your state’s requirements and explain to the employee when they can expect their last check.
How Can We Avoid Wrongful Termination Claims?
Wrongful termination occurs when an employee is fired in violation of the law or an employment agreement.
- Discrimination: Termination based on race, gender, religion, age, or other protected characteristics.
- Retaliation: Firing an employee for reporting harassment, discrimination, or unsafe working conditions.
- Breach of Contract: Violating terms in an employment agreement.
Consider the timing of an employee’s termination. You may have a valid reason to fire an employee, but the optics of terminating them at a certain time (i.e., right after they announce that they’re pregnant or after they’ve reported an issue with a coworker’s behavior) can complicate the situation. Consult with HR and your legal team first.
What Are Some Common Termination Mistakes To Avoid?
Firing an employee is never pleasant. Emotions tend to run high, especially in situations where egregious misconduct is involved. It’s important to think and act rationally when making a disciplinary decision, especially when immediate termination is a possible outcome.
Not Documenting Issues
Failing to document performance problems or misconduct can weaken your case if the termination is challenged. You need to prove that terminating an employee was the right choice given the situation and that your decision aligns with company policies that the employee should have been aware of at the time they committed the fireable offense.
Acting Hastily
Reacting emotionally or rushing a decision can lead to mistakes. Take time to investigate and evaluate the situation. It’s important to be sure that you have hard evidence that a fireable offense was committed. If the truth of the matter is unclear, consider suspending an employee while you conduct a thorough investigation.
Failing To Abide By Your Own Policies
Skipping steps outlined in your handbook, such as warnings or investigations, may result in claims of unfair treatment. The situation can become complicated if you jump straight to terminating an employee when your policy states that a formal warning or intervention should occur for a similar incident.
How To Balance Fairness and Accountability
While it’s important to address serious offenses promptly, termination should always be handled with fairness and respect. When an employer adheres to professional conduct throughout disciplinary or termination processes, it sends the message to everyone in the workplace that they are equally valued and held to the same standard.
Consistency in Policy
Apply the same rules and disciplinary actions to all employees. Inconsistent treatment can lead to claims of favoritism or discrimination. Use past disciplinary actions and termination decisions as the foundation for future decisions. If policies need to be updated to reflect the current climate of your workplace, update policies as soon as possible.
Respect Employees in Disciplinary Situations
Treat employees with dignity, even when terminating them. Avoid personal attacks or hostile language. Do not discipline or terminate employees publicly.
Do not discuss the details of an employee’s disciplinary action or termination with other employees. It’s okay to state that someone no longer works with the company, but the details should remain private.
Transparency With Fired Employees
Be honest about the reasons for termination and provide employees with an opportunity to respond. It’s important for an employee to understand exactly why you’re letting them go. Refer to the policy they’ve violated or the offense they’ve committed and demonstrate how their actions directly violated your code of conduct.
Manage Your Policies With Mosey
Understanding fireable offenses and navigating immediate terminations is a critical part of HR’s role. You can handle terminations professionally and legally by clearly defining policies in your employee handbook, following structured processes, and avoiding common mistakes.
Employee Handbooks from Mosey are designed to help multi-state employers roll out handbooks that meet all their policy needs and update them with the click of a button. Keep employees informed of their rights and responsibilities, tailoring policy to state compliance requirements.
Schedule a demo with Mosey to learn how Mosey can help keep you compliant across the board.
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