You Could Be Fired For Anything

If you have not done so recently, get out your employee handbook and read it cover to cover. I read a disturbing article in the recent issue of “Entrepreneur” magazine. It seems companies are starting to use the employee handbook as a weapon.

The article in “Entrepreneur” talks about a recent case where two employees were fired for inappropriate use of email during works hours. Inappropriate emails are never appropriate whether at work or home. These employees sued their ex-company stating that they should have been disciplined according to the process found in the handbook. Typically companies have policy established as far as how to deal with inappropriate behavior. Good companies spell it out for you in detail and you understand what is considered acceptable and what is not. Even the more common sense things are spelled out.

What is disturbing about this situation is that the employees lost their case based on what was deemed as sufficient disclaimers. Although the company did have a process for discipline that they could have followed in this case, they chose to exercise their right to fire these individuals based on what I think is a technicality. Their handbook has disclaimers for the majority of employees (those without a work contract). They can be terminated at any time for any reason. They also stated clearly that the disciplinary process was not required.
So why even have such a process?

The company strategically placed these disclaimers in the introduction (bold print), and in the beginning of the involuntary separation section. They covered their bases. The article in “Entrepreneur” is warning companies to have their handbooks legally reviewed so they will do as well in court when they fire an employee onthe spot. While I think that is good practice for a company to have “legal” review any document that they hand out to an employee, I find it disturbing the way in which this company represented their disciplinary process. They do have one; however, it is worthless based on their strageically placed disclaimers. The judge really had no choice.

It is not unusual for companies to hire employees “at will.” This means the company or the employee can terminate the relationship at anytime. A company can initiate “workforce reduction” or “lay-offs” at any time as well. However, companies need to be careful about how they do these things. We already have a workforce that has little to no loyalty to their employers. Companies that give the impression that they will give employees a way to correct inappropriate behavior should follow that process. I do not know the circumstances in this example, but I do not like the way the handbook is written. It gives the company ultimate control and could mislead employees.

So, if you do not have a copy of your handbook, ask for one. Then read it cover to cover. You may find that you could be fired for wearing the wrong color shirt.