Employee Misconduct

Misconduct, which includes behavior such as insubordination or breaking a work rule, is a proper reason to fire an employee. However, documentation, which includes warnings to the employee regarding the misconduct and its consequences, will help establish that you have a valid reason for the termination.

You should make a personal commitment that you will never fire an employee in the heat of the moment. Acting out of anger or frustration is a good way to get yourself in legal difficulties. Employees who are fired in this way are the most likely to sue you or to cause other trouble for you and your business. If a worker does something so terrible that you must take immediate action, tell the worker that he or she is suspended, effective immediately, while you investigate (or cool down). If you do fire impulsively, damage control may be necessary.