Despite what most employers think you cannot always fire an employee for breaking a company rule that easy. Many small businesses get into problems with wrongful termination lawsuits because they do not understand the basic tenets of employment law.

Most larger companies and corporations have well-trained human resource personnel that know the law, the changes in the law and the case law that changes things almost monthly. Even more interesting is when the company can rightfully terminate a misbehaving or rogue employee for cause, but the union jumps in and halts that action, sets up hearings and goes to bat for the employee, after all they are on the employee’s side not the companies side when it comes to employee termination generally.

An employee who breaks the rules and gets caught should never be shocked that he or she is being fired. In other words, employees need to know the rules, sign that they know the rules and be advised of the rules and what will happen when they break them.

If an employee breaks a rule, that is a somewhat minor offense but totally unacceptable then that employee must be warned, participate in an interview about the incident and promise and sign not to break that rule again.

At this same meeting the human resource person should document fully what was discussed, go over the rules, all of them in the similar category and then advise the individual of what is happening. If an employee breaks any of these rules again and is called into the office of the personnel director or human resource department, they should already assume they will be terminated.

Having proper documentation and acting from a position of authority and strength is the best policy and it will keep your company out of the court room for wrongful termination suits. Please consider all this.

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