Q. What factors do the courts use to determine if termination is an appropriate penalty? — Pam, Pennsylvania
A. When an employee is terminated for a rule violation, the courts and arbitrators will look at the following to determine if termination is the appropriate penalty:
- Whether the employee was aware of the rule
- Whether he or she was warned about the possible consequences of breaking it
- What the employee’s previous employment record is
- How other employees have been disciplined in the past for similar infractions.
- Mentioning employees' body odor isn't discriminatory.
- Firing employee? Require the presence of at least 2 managers during discharge meeting
- Put it in writing! Tracking discipline proves equal treatment for all
- Personality clash or hostile work environment? It depends on hypothetical 'reasonable person'
- Fair is fair: Before you fire, give employee a chance to tell her side of the story