Fireable Offense

What is a fireable offense?

A fireable offense is a certain level of misconduct that results in an employer deciding to terminate an employee. 

This could include several offenses, such as violating company policies, insubordination, excessive absenteeism, harassment of co-workers, customers, or other involved individuals, and poor work performance, among others. These offenses may vary depending on the company’s policies and employment contracts.

What is an immediate fireable offense? 

An immediate fireable offense is a type of behavior that is so extreme that it causes an employer to immediately terminate an employee without notice or warnings. Some examples of common reasons to terminate an employee include:

• Theft or misuse of company property: Employees have been known to take pens and other small office supplies home, but for theft to become an immediate fireable offense, it would involve the theft of larger-priced items like computers, furniture, etc.
• Violation of company policies: Violating serious company policies that have detrimental effects on the company or any involved parties can be considered an immediate fireable offense.
• Drug or alcohol intoxication at work: Using illegal drugs or consuming alcohol on company premises could be grounds for instant termination of employment.
• Excessive absenteeism: Frequently missing work can have serious effects on clients, the company as a whole, as well as other employees, making this a top reason for immediately terminating an employee.
• Insubordination: Many forms of insubordination can be managed with a warning or write-up, but extreme or repeated insubordination could be grounds for immediately firing an employee.
• Gross misconduct: This is a general term to describe any number of extreme types of behavior, including purposeful actions that are unethical, unprofessional, threatening, or harmful in some way.
• Violence or threats: Violence and threats are crimes, which is why many employers will immediately terminate employees exhibiting these types of behaviors.

How should HR handle a termination for a fireable offense?

Anytime HR is involved in the termination of an employee, there will be heightened emotions involved. It’s never easy to inform someone that they no longer have a job. However, if the person has committed one or more fireable offenses, then it’s your job as an HR professional to take the necessary steps. 

Before terminating an employee, you need to take certain steps first. Remember, unless you’re an at-will employer, and you’ve made that clear from the beginning, any terminated employee has certain rights. However, there are also some exceptions to at-will employment.

You don’t want a terminated employee attempting to take you to court for wrongful termination, discrimination, or for any other reason. By following certain steps, you can diminish the chances of this happening. Here are some tips for handling a termination for a fireable offense:

1. Review your company’s policies

Even though you may have written all or some of your company’s policies, reviewing them carefully before terminating an employee is essential to ensure you’re adhering to them.

2. Keep documentation of offenses

Before firing an employee, be sure that you have proper documentation of their offenses. The date, time, and a brief description of the behavior are important things to note. This information can be shown to the employee as an explanation for their termination, and should a lawsuit ensue, it can be used in court.

3. Plan the termination meeting

You want to schedule a convenient time and a private place in which to conduct the meeting. Your goal is to make sure things go as quickly and as smoothly as possible. You also don’t want an audience, although you may want to have a manager or another high-ranking person present as a witness.

4. Make sure you fulfill legal post-termination requirements

After terminating an employee, you must ensure that you pay them any earnings that are owed. This includes their regular paycheck, in addition to any unpaid expenses or holiday time. Furthermore, providing the terminated employee with information on how to continue their health insurance, should they decide to, is important.

You may also want to provide them with a letter of termination, which can make applying for unemployment easier, should they qualify.

Measures HR can take to help prevent fireable offenses from happening

HR professionals should work to minimize the occurrence of fireable offenses in the workplace. Some ways to keep this problem to a minimum include:

• Implementing a code of conduct policy and educating employees about it
• Executing a more in-depth hiring process with reference and background checks
• Consistently enforcing company policies and procedures
• Creating a positive work environment