Employee Termination For Misconduct

Summary

In Pennsylvania, employees can be terminated for violating company policies, including using a phone while driving. Voluntary resignation generally disqualifies them from unemployment benefits unless necessitous and compelling reasons are proven. Proper documentation, including incident reports, video evidence, company policies, and manager’s notes, is crucial for the termination process.

Full Conversation

can an employee be fired for being on the phone while driving?
Hello! In Pennsylvania, employers have the right to terminate employees at will, meaning for any reason or no reason, as long as it's not illegal (e.g., discrimination).
- Employers can set policies regarding phone use while driving.
- Violating such policies can be grounds for termination.
Is there a specific company policy you're concerned about?
If it is in the employee handbook to not be on your phone while driving, that would be enough to terminate employment?
Hello! In Pennsylvania, if the employee handbook explicitly states that being on the phone while driving is prohibited, violating this policy could indeed be grounds for termination.
- Pennsylvania is an "at-will" employment state.
- Employers can enforce policies in the employee handbook.
- Violating such policies can lead to termination.
Is there a specific incident or additional detail you're concerned about?
Would the employee be able to collect unemployment from this?
To determine if an employee can collect unemployment benefits in Pennsylvania after being terminated for violating a company policy (such as using a phone while driving), more details are needed. Generally, employees may be eligible for unemployment unless the termination was due to "willful misconduct."
Could you provide more details about the specific circumstances of the termination?
IF the employee turned in a * weeks notice, would they be able to collect unemployment?
Hi! In Pennsylvania, employees who voluntarily resign typically do not qualify for unemployment benefits. However, there are exceptions if the resignation was due to "necessitous and compelling" reasons.
Could you provide more context on why the employee resigned?
A vehicle was damaged due to a enmployee being on the phone while driving. We have video of the employee looking down at their phone when the incident occured. When the manager showed the video to the employee, the employee got extremely defensive and then gave a written * weeks notice.
Thank you for the additional context. In Pennsylvania, if an employee voluntarily resigns, they generally do not qualify for unemployment benefits unless they can prove "necessitous and compelling" reasons for leaving.
- **Voluntary Resignation:** Typically disqualifies from unemployment benefits.
- **"Necessitous and Compelling" Reasons:** Must be proven for eligibility.
Do you know the specific reasons the employee gave for their resignation?
I do not. The employee has been defying orders from their manager and insubordination. They question every decision that their manager gives them. They do not do well with disciplinary actions or confrontations. When confronted with the evidence of the incident they became very defensive and retaliated to the manager.
Thank you for providing the details. Based on the situation you've described:
- **At-Will Employment:** In Pennsylvania, employees can be terminated for any lawful reason, including policy violations.
- **Voluntary Resignation:** Generally disqualifies an employee from unemployment benefits.
- **Willful Misconduct:** Insubordination and policy violations, such as using a phone while driving, may be considered willful misconduct, disqualifying them from unemployment benefits.
Would you like guidance on documenting the termination process properly?
Yes. We have a written statement from the employee for their * week notice. What else would we need?
To properly document the termination process, you should ensure:
- **Incident Reports:** Detailed reports on the policy violation and insubordination incidents.
- **Video Evidence:** Secure and date the video showing the employee on the phone while driving.
- **Company Policies:** Include relevant sections from the employee handbook.
- **Manager’s Notes:** Document conversations and confrontations with the employee.
Would you like more detailed guidance on any specific part of the process?
Yes. On all.
Certainly! Here’s a concise guide on each part of the process:
- **Incident Reports:**
- Write detailed accounts of policy violations and insubordination.
- Include dates, times, and descriptions of each incident.
- **Video Evidence:**
- Ensure the video is securely stored, dated, and properly labeled.
- Maintain a copy in a secure location for future reference.
- **Company Policies:**
- Highlight and include sections from the employee handbook related to phone use while driving and disciplinary actions.
- Ensure the employee had acknowledged receipt of the handbook.
- **Manager’s Notes:**
- Document all interactions with the employee regarding the incidents.
- Include dates, times, and summaries of each conversation or confrontation.
Would you like more information on any of these points?