Employer Reasons for Just Cause Firings
EMPLOYMENT LAW | FIRED WITHOUT CAUSE | FIRED FOR CAUSE | LAYOFF | FORCED OUT | QUIT / RESIGN | CLASS ACTIONS
Contact Neufeld Legal PC at 403-400-4092 or Chris@NeufeldLegal.com
It is amazing how conceited many employers can be when they assert that they are firing an employee for cause and thus attempting to avoid making any further payment to that fired employee. There are numerous reasons that employers cite for firing with cause; however, these are allegations that are presented from the biased perspective of the employer and typically fail to account for other legal considerations that might be at play. And it is these further legal considerations that can be particularly significant, such that our employment law practice places a major emphasis on employees that were fired allegedly with cause, as far too often those employees are entitled to significant monetary compensation from their former employer.
We are only scratching the surface as to our professional observations regarding employer reasons for firing with cause and why those fired employees need to have their personal situation seriously scrutinize, although we cannot divulge the entirety of our own position in this video for legal and practical reasons. So, what are the more common reasons that employers allege are the basis for firing an employee with cause and what is our perspective on those circumstances:
1. Workplace Violence – a serious accusation, although not necessarily sufficient to deny any further payment to the fired employee, although most employers would like you to believe so.
2. Harassment – again, a serious accusation, although not necessarily sufficient to deny any further payment to the fired employee, although most employers would like you to believe so.
3. Criminal Misconduct, including Theft - a serious accusation, especially if criminal charges are filed, although not necessarily sufficient to deny any further payment to the fired employee. Where the employer has commenced criminal charges, it is particularly important to look into their own activities
4. Theft and Other Allegations not involving Criminal Charges – still a serious accusation, yet not necessarily sufficient to deny any further payment of the fired employee. Furthermore, such allegations need to dealt with, otherwise they might adversely impact your future employment.
5. Falsifying Documents – a serious accusation, yet not necessarily sufficient to deny any further payment of the fired employee. Furthermore, such allegations need to dealt with, otherwise they might adversely impact your future employment.
6. Lying – again, this a matter of significant interpretation, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
7. Transgressing Company Policy – this is a matter of significant interpretation, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
8. Misconduct – again, this is a matter of significant interpretation, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
9. Insubordination – this a matter of significant interpretation, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
10. Attendance – unless inexcusable and repeated, the employer is all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in most circumstances, even where inexcusable and/or repeated, tends to be a serious over-reach and legally improper.
11. Excessively and Unjustifiably Absent or Late – unless inexcusable and repeated, the employer is all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in most circumstances, even where inexcusable and/or repeated, tends to be a serious over-reach and legally improper.
12. Not Completing Assigned Duties – this a matter of significant interpretation, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
13. Poor Performance – this a matter of significant interpretation, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
14. Habitual Neglect of Duty – unless inexcusable and repeated, the employer is all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in most circumstances, even where inexcusable and/or repeated, tends to be a serious over-reach and legally improper.
15. Incompetence – this a matter of significant interpretation, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
16. Misuse of Company Resources – this most often sees the employer pushing the proverbial envelope too far, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
17. Off-Duty Conduct – here too we have the employer attempting to impose itself outside of what should be the bounds of the employment arrangement, with the employer all too often taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
18. Conflict of Interest – unless there is a legitimate financial loss being incurred by the employer as a result of this purported conflict of interest, this is all too often a rushed and/or self-serving approach by the employer to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
19. Breach of Safety Regulations – although safety is extremely important, and employees do make mistakes, which may well be attributed, in whole or in part, to poor or inadequate employer training or faulty, defective or inappropriate equipment, this is all too often an excuse utilized by the employer taking a rushed and/or self-serving approach to this allegation, which is either not in conformity with its own policies or over-stated so as to attain the employer’s desired result. Denying any further payment to the fired employee in such circumstances tends to be a serious over-reach and legally improper.
20. Drug or Alcohol Possession at Work – although largely inexcusable, that fact alone is not necessarily sufficient to deny any further payment to the fired employee based upon other important factors that may well exist in the larger employment arrangement.
As you can ascertain from our commentary as to each of the employer reasons, it is our professional belief that in most circumstances, when you have been fired with cause, speaking with a lawyer such as ourselves is exceedingly important, as you should not be accepting your former employer’s allegations without the appropriate legal investigation, which isn’t necessarily limited to the employer’s allegations, but actually investigates the entirety of the employment arrangement when faced with a firing for cause .
If you're looking for a lawyer to provide a distinct approach to being fired for cause, and tackling your former employer's all too often biased, limited and short-sighted perspective of their legal obligations in these particular employment circumstances, contact our law firm for a confidential initial consultation at Chris@NeufeldLegal.com or 403-400-4092.