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.
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- Require everyone to report harassment—you'll be justified firing those who don't
- Make sure HR reviews each firing in advance
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