Is it legal for the company to terminate an employee for something they did away from work?

In some situations, employee conduct outside the workplace can be grounds for termination. Generally, there is a fine line that separates an employee’s professional life from what he does when leaving the office.

What are legal reasons to terminate an employee?

Acceptable Reasons for Termination

• Incompetence, including lack of productivity or poor quality of work.
• Insubordination and related issues such as dishonesty or breaking company rules.
• Attendance issues, such as frequent absences or chronic tardiness.
• Theft or other criminal behavior including revealing trade secrets.

Is it legal to terminate an employee without reason?

In some stances/ circumstances, employees can be terminated/fired without any reason or notice or a warning, and in some cases, they cannot. It all depends upon the type of employment contract he is bound by. It is considered wrongful if an employer fires him/her before the contract period expires.

Can employer fire you for no reason?

Most employees in the United States work “at will.” This means that you can fire them at any time, for any reason, unless that reason is illegal. State and federal laws prohibit employers from relying on certain justifications for firing employees, such as discrimination or retaliation.

What to do if you were unfairly fired?

If you have been terminated unfairly, your first step should be to contact your employer’s human resources department. It is important to note that you will most likely need to exhaust all available administrative remedies before moving on with any legal action, such as an unfair termination lawsuit.

Do companies have the right to dictate the actions of their employees outside of the workplace?

Under the National Labor Relations Act (NLRA), covered employees have the right to engage in “concerted activity” outside of the workplace for mutual aid and protection. Employers may lawfully terminate an employee based upon a criminal conviction for conduct outside of the workplace.

Is it illegal to terminate an employee for any reason?

Despite this relativity, most states agree that the following reasons for termination would violate public policy and would therefore be illegal: terminating an employee for refusing to commit an illegal act (such as refusing to falsify insurance claims or lie to government auditors)

Is it unlawful to fire an employee for any reason?

That is because employment cases are less about “what” an employer did. It is lawful to fire an employee. It is unlawful to fire an employee for unlawful reasons (such as the employee’s race or religion). As a result, the question in most wrongful termination cases is: Did the employer have a legitimate lawful reason for the termination?

Do you have to be firm in your termination decision?

If you have done the job of progressive discipline properly, the employee should know most of the facts already. Be firm in your termination decision. Don’t give the employee the impression the decision may be reversed. If an employee tries to challenge the decision, let him or her know that the termination is final.

Can an employer use alien status as a reason for termination?

The federal Immigration Reform and Control Act (IRCA) prohibits most employers from using an employee’s alien status as a reason for terminating employment, as long as that employee is legally eligible to work in the United States.