Can I Fire An Employee For Breaking Our Policy?

Many employers establish policies that they expect their employees to follow, but a policy is not likely to be followed if there are no consequences for an employee who chooses not to do so. If an employer wants to use the stick of discipline and possible termination of employment for cause for a breach of policy, the employer should take note of the following guidance.

In order to establish just cause for the breach of a policy (in a non-union context), an employer must be able to prove that:

• the employee breached the policy;
• the employer distributed the policy to the employee;
• the employee was aware of the policy;
• the policy is unambiguous;
• the employer consistently enforced the policy;