Terminate an At-Will Employee for Misconduct
- The employment at-will doctrine, which is followed by nearly all states, permits employers and employees to terminate the employment relationship at any time and for any reason as long as the reason does not violate federal, state or local law.
- Employees who commit misconduct in the workplace, or otherwise fail to perform, should be disciplined with due diligence. Hasty, harsh or unreasonable termination of employment may result in litigation.
- Employers should always be able to show that a termination was in good faith and based on legitimate, nondiscriminatory business reasons, notwithstanding the employment at-will doctrine.