Are employers allowed to dismiss employees on grounds of misconduct?
Yes, employers in Washington are allowed to dismiss employees on grounds of misconduct. This is because employees in Washington are generally considered to be employed “at-will”, meaning that the employer can terminate the employee’s employment at any time for any reason or no reason, unless otherwise provided by a contract or collective bargaining agreement. Even though employers may be able to dismiss employees without cause, the employer should still treat the employee fairly. The employer should have sufficient evidence that the employee did some form of misconduct before taking any action. Types of misconduct which can lead to termination may include things such as theft, fraud, insubordination, and violations of company policy. Employers should also provide the employee with an opportunity to explain their side of the story before any final decision is made. It is important to note that some employees may be protected from unfair dismissal if they work in a protected class as defined by the Washington Law Against Discrimination. This protection would prohibit an employer from making any adverse employment decision based on the employee’s race, religion, gender, and other protected characteristics. Employers should always consult with a lawyer or other guidelines to make sure that any dismissal is in compliance with relevant laws.
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