Your guide to fireable offenses in the workplace
When an employee acts in a way that doesn’t align with your company’s values, workplace policies, mission, or goals, consider letting them go. Employers consider these actions fireable offenses. While companies may have different standards for fireable offenses, some acts justify termination across the board, regardless of the industry, company, or position.
Know what they are to ensure you don’t allow such offenses to continue in your workplace.
Sexually harassing employees
Sexual harassment, according to RAINN, includes …unwelcome sexual advances, requests for sexual favors, and other verbal or physical harassment of a sexual nature in the workplace or learning environment, according to the Equal Employment Opportunity Commission (EEOC). Sexual harassment does not always have to be specifically about sexual behavior or directed at a specific person. For example, negative comments about women as a group may be a form of sexual harassment. Although sexual harassment laws do not usually cover teasing or offhand comments, these behaviors can also be upsetting and have a negative emotional effect.
When an employee sexually harasses others, it should be immediately treated as a serious offense with clear consequences for the behavior. Punishment may range from being required to attend additional sexual harassment training to being terminated.
Being absent excessively
An employee’s presence at work is essential to performing well and helping the company achieve its goals overall. That’s why excessive absences, including being tardy and leaving work early, can be a fireable offense. This act worsens when the employee is absent, tardy, or late without giving advanced notice or explaining the inability to abide by the attendance policy.
Once you clearly state policies and warn employees about their actions, continued excessive absenteeism is cause for firing. If you choose to do so, document all absences and any warnings given.
Having a conflict of interest
When an employee benefits personally from their position in the company, a conflict of interest exists. While this doesn’t always require job termination, it can negatively impact the company, depending on the circumstances.
A conflict of interest can come in several forms, including familial, romantic, financial, and confidential.
An example of a conflict of interest might be having a romantic relationship with a C-Suite member or being in a position to hire and choosing to primarily employ family members or friends over more qualified applicants and treat them differently within the company.
When made aware of a conflict of interest, determine whether it requires job termination or another solution.
Theft and misuse of company property
Unfortunately, employee theft and misuse of company property are common occurrences, but they are undoubtedly considered fireable.
This is especially true depending on the value of the stolen item. Taking a box of pens home might require a different consequence than stealing $10,000 worth of tech goods.
The same is true with misuse of property. You might have a company policy that employees should do only work-related tasks on the computer. However, if an employee checks their checking account balance, you will likely react differently than if they’re caught watching adult websites on their company computer.
Either way, theft and misuse of property are inappropriate and should be handled accordingly.
Discrimination
Discrimination of any kind — including race, gender, religion, and much more, is inappropriate and shouldn’t be accepted in the workplace. While some might display discriminatory actions due to ignorance and others purposefully, it’s unacceptable either way. Co-workers and customers shouldn’t feel uncomfortable or disrespected due to an employee’s ignorance or inability to behave appropriately.
When you witness or receive reports of workplace discrimination, take immediate action. Whether it’s to fire the employee, require them to attend training, or provide a formal written warning. Discrimination is a severe, fireable offense that you shouldn’t take lightly.
Violence & harassment toward employees
Employers should consider harassing and being violent toward employees, clients, or customers unacceptable and undoubtedly a fireable offense, even if it’s the first time. While verbal harassment and bullying are wrong by themselves, physical altercations are more severe and should be treated as such.
Also consider violence when employees bring weapons into the workplace. The company should create a policy dictating whether weapons are allowed at work and the consequences if employees bring them in.
Alcohol and drug intoxication during work hours
Employees working under the influence of drugs or alcohol often experience decreased job performance. They lose productivity and may display hostility or engage in inappropriate acts. If you observe an employee under the influence, consult your company’s policy on alcohol and drug intoxication at work.
Your process might include documenting questionable behavior that suggests they’re under the influence, discussing it with the employee, and ordering an alcohol or drug test if needed.
Based on the results, you can determine the best course of action moving forward.
With marijuana legalization, communicate expectations with staff so there’s no confusion.
Social media misconduct
Social media’s growing popularity has led to more employees facing job trouble due to inappropriate online actions. These actions can harm the company’s reputation. Examples include using platforms like LinkedIn, Facebook, and Instagram for shaming, bullying, sharing confidential information, or expressing discriminatory views based on religion, sex, race, and other factors.
A human resources team member should investigate immediately to determine if the social media posts are inappropriate and decide how to proceed.
Depending on the level of misconduct, you might choose to fire them immediately or issue another consequence as a warning.
Employee insubordination
When an employee regularly disobeys or disrespects management, you should consider it insubordination. Insubordination might include disregarding the company’s rules, regulations, deadlines, and expectations, negatively impacting the culture and decreasing job performance. If this happens regularly, consider disciplinary action or termination.
Destruction of company property
Employees should handle company property with care. However, intentional damage warrants termination. Vandalism is concerning on its own, but it’s also a form of violence, which is unacceptable in the workplace. Clearly communicate that this behavior is prohibited and can result in termination.
Lying on a resume
If you discover that an employee lied on their resume or during the interview process, it is grounds for termination. When you discover this has occurred, it’s up to you to decide whether to let the employee go or just let them know you’ve uncovered the truth and issue a different consequence.
Breaking client confidentiality
Client trust is essential for your business. When employees breach confidentiality, they jeopardize that trust and put the company at risk. Releasing privileged information to the public or unauthorized individuals can damage the company’s reputation and lead to expensive legal consequences.
Falsifying company records
Employees might falsify company records to make themselves look better or attempt to cover up work they did incorrectly.
Whether they falsify sales records, time records, or documents in their personnel file, this is a serious offense that you shouldn’t take lightly.
Poor job performance
Poor job performance is a common and broad fireable offense that doesn’t require just cause on your part. However, before terminating the employee, you want to ensure you’ve done your part in communicating the displeasure with their performance. This involves documenting their performance. If feasible, create a plan for improvement if you believe they can improve with the proper support.
Ultimately, you don’t have to do this, but it can save you the cost and time of finding a replacement if you must terminate the employee.
Use these fireable offenses as a learning opportunity
Sometimes, an employee taking part in any of these offenses is simply due to their inability or lack of desire to behave appropriately on the job. In that case, there’s nothing you can do about it.
When employees display concerning behaviors, use it as a chance to understand their motives. Start by simply asking them why they acted that way. If you are terminating them, conduct a formal exit interview about their experience at the company. This process might reveal gaps in company policies or areas for improvement in your company culture and work environment.
Analyze this data to see if you can take internal action to prevent such behavior in the future. Ask yourself, do you have a solid sexual harassment training program for new hires? Do you provide reminders for current employees about inappropriate conduct? Do managers and employees communicate openly and safely so employees don’t feel pressured to falsify records if they miss sales targets? Using these situations to improve the company can transform an adverse action into a positive outcome.
More Resources:
Termination script for managers
Termination pink slip template
Disciplinary action up to and including termination template
