Fireable offense – Termination of “just cause” (and without prior notice) is often described as the death penalty for labor law. Thus, employers face a significant burden when trying to prove a just cause in law. Arguing a just cause for dismissal can be difficult, but not impossible, especially in circumstances involving dishonesty or distrust. However, employers should always be careful when making claims with good causes, as terminating a legally unproven just cause can be costly.
If an arbitrator cancels the decision to terminate the employer in a union environment, it may lead to a decision that would restore this injustice to his previous situation and provide him / her with a substantial late wage. Generally, non-union employees will not be entitled to return to their jobs, although unproven claims of just cause can be very costly. Canadian courts have often ruled in bad faith and / or substantial additional punitive damages in cases where employers cause economic hardship through false assertion of a just cause and failure to pay notice benefits to the employee.
What are the reasons you can get fired?
There are many fireable offense and reasons for companies to fire employees. But for most employees, companies don’t need a reason. Unless you are covered by a collective bargaining agreement or employment contract, you are likely to be employed as desired. Hiring as desired means that the employee can be terminated at any time without any reason and without notice.
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However, most employers will not fire an employee without reason. Most dismissals are considered termination for a cause, which means firing the employee for a specific reason. Also, keep in mind that terminating a job is different from layoff, which occurs when an employee is abandoned due to a lack of work.
Fireable offense at workplace
1. sexual harassment
Unwanted sexual behavior is a serious and incendiary fireable offense that every company takes seriously. It indicates any unwanted comments, behavior or behavior regarding sexuality, gender, or sexual orientation. While this was originally designed to protect women, laws against sexual harassment also ensure that men in the workplace are not subjected to pressure in a compromise position to keep their jobs. Companies encourage employees to observe proper behavior through mandatory training.
2. Excessive absenteeism
Absenteeism per se is not usually an separable crime, but frequent and excessive absenteeism is a cause for concern. The issue becomes about the employee’s position as more than just time management skills. The most dangerous form of this crime is an employee not coming to work without giving you any notice that they are taking time off. Managers should review their general policies and culture to prevent this type of accidents in the workplace.
Having an effective workforce management strategy is one of the first steps in discouraging absenteeism, which is why we recommend Homebase as the best workforce management software for any business. Homebase is free for small businesses and has great communication options to keep you in touch with employees so everyone is aware when business requirements change or shifts. It also has timekeeping and shift scheduling with GPS controls to prevent workers from logging in before getting to work.
3. Conflict of interest
A workplace conflict of interest occurs when an employee benefits personally from his position in the company. The opportunity to use one’s influence at work for personal gain can be tempting. In business, employees deal with customers, suppliers, and other employees who may try to benefit more from their interaction. When this type of behavior is left unchecked, it can negatively impact a company’s brand and end results.
4. Damage to company property
Do you know this scene in the movie Office Space where three employees destroy a printer? It’s funny in the movie, but in real life, this is a crime that can be launched. Whether on purpose or not, if your actions damage company property or equipment, it could result in the loss of your job.
5. Violence and harassment towards other employees
Anyone who works in an office is expected to act professionally. This includes handling arguments and differences in a professional manner. Loud voices during an argument are frowned upon, but physical squabbles are more serious. Employees involved in a fist fight clearly show signs of disrespect to their colleagues, not to mention total disregard for company property and customers.
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6. Bringing dangerous weapons to the workplace
This is because you should always assume that the personnel bringing weapons intend to use them. To combat this, it must be emphasized that your company is a safe place to work and discourage or prohibit the presence of weapons on company property.
7. Verbal bullying
This can also be classified as harassment but it more specifically addresses the conscious employee’s decision to make a colleague feel insecure on an ongoing basis. They may not necessarily focus on a specific person to bother them, but instead, create an uncomfortable work atmosphere for everyone in general. Anger management problems and power issues are clear signs that someone is likely to commit this crime.
8. Recreational Drug Use in the Workplace
Employees are expected to come to work alert and prepared to be productive, so the use of recreational drugs should be strictly prohibited. Estimates of the total costs of lost productivity from drug use close to about $ 120 billion. There is an increase in employer healthcare costs, an increase in employee turnover, and ultimately a decrease in profitability. There are also risks of potential side effects such as aggressive and aggressive behavior in users that could result in companies losing customers, and ultimately sales.
Drug abuse comes in many forms, and employers often send the wrong employees home to recover. An employer who has a written policy describing drug use as a potentially fatal crime is within his or her right to fire an employee if the use of recreational drugs adversely affects work performance.
9. Alcohol intoxication during working hours
There are a variety of signs that can help identify intoxicated employees on the job, such as slurred speech and poor balance. These accidents are common for employee relocation due to the unique and irregular hours they pull but differ for other companies, based on hiring demographics and time of year.
While employers in these industries provide support and treatment to their employees, some cases require termination of service. If an employee’s drunkenness is causing intense anxiety, such as the safety of company property and employees, then business owners have good reason to consider it a combinable crime and thus a fireable offense.
Rebellion refers to an employee who is disobedient or disrespectful to a manager or owner of a business. This isn’t always a reason for termination, but it becomes dangerous the moment an employee shows blatant disregard for company actions. This disruptive behavior leads to harmful effects that create a less pleasant work environment and a decrease in overall morale and productivity in the workplace.
Some employees deliberately ignore orders or miss deadlines as a sign of challenge. Some make multiple excuses and refuse to apologize for any missed deadlines or incomplete tasks. Other rebellious behavior includes employees who, instead of taking responsibility for their actions, blame other members of the work team for missed or incomplete work.