Can you be fired for serious misconduct?

Asked by: Winnifred Schaefer  |  Last update: February 3, 2026
Score: 4.6/5 (38 votes)

Yes, you can absolutely be fired for serious misconduct, often called "gross misconduct," which usually allows for immediate termination without notice, as it involves severe breaches like theft, violence, fraud, severe harassment, or major insubordination that fundamentally damages the employer-employee relationship or workplace safety. While lesser offenses usually follow a progressive discipline path, gross misconduct can lead to instant dismissal, with consequences even impacting unemployment benefits in some regions.

What qualifies as being fired for misconduct?

Behavior defined as gross misconduct, such as theft, fraud, severe harassment, violence, or serious safety violations, typically results in immediate termination. An employee's failure to stop lesser misconduct over time may also result in dismissal as the final stage of a progressive disciplinary action plan.

Is serious misconduct a just cause for termination?

⦁ The just causes for dismissing an employee are provided under Article 282 (now Article 296) of the Labor Code. Under Article 282(a), serious misconduct by the employee justifies the employer in terminating his or her employment. ⦁ Misconduct is defined as an improper or wrong conduct.

Can you get fired for serious misconduct?

If, after following a fair process, the employer concludes that the employee has engaged in serious misconduct, the employee may be dismissed without notice. Serious misconduct is behaviour that fundamentally compromises the employer's trust and confidence in the employee.

What is considered a serious misconduct?

Examples include: causing serious and imminent risk to the health and safety of another person or to the reputation or profits of their employer's business, theft, fraud, assault, sexual harassment or refusing to carry out a lawful and reasonable instruction that is part of the job.

Managing employee misconduct | The disciplinary process

27 related questions found

What is considered serious misconduct?

The Fair Work Regulations define serious misconduct as wilful and deliberate behaviour that is inconsistent with the continuation of the employment contract or causes serious and imminent risk to the reputation, viability or profitability of the business, or health and safety of a person.

What are 5 examples of serious misconduct?

Here are 7 examples classed as workplace misconduct

  • Theft. This may sound obvious, but theft isn't limited to financial fraud like embezzlement or money laundering. ...
  • Sexual harassment. ...
  • Abuse of power. ...
  • Falsifying documentation. ...
  • Health and safety breaches. ...
  • Damage to goods or property. ...
  • Drug and/or alcohol use.

Is it better to quit or be fired for misconduct?

The choice depends on what matters more to you—your reputation or your finances. Quitting gives you control over the narrative but may forfeit unemployment benefits or severance. Being fired can hurt your confidence and reputation, but it often makes you eligible for unemployment or other protections.

How do you terminate an employee for serious misconduct?

  1. Step 1: Identify the serious misconduct and consider seeking legal advice. ...
  2. Step 2: Discuss the misconduct with the employee. ...
  3. Step 3: Consider your options. ...
  4. Step 4: Create your letter of termination of employment. ...
  5. Step 5: Meet with the employee to provide the letter of termination of employment.

Can you be dismissed for serious misconduct?

Gross misconduct can include things like theft, physical violence, gross negligence or serious insubordination. With gross misconduct, you can dismiss the employee immediately as long as you follow a fair procedure.

Can you be fired for misconduct without warning?

In California, there's no law requiring verbal or written warnings before termination. Exceptions exist if your contract, union agreement, or company handbook outlines a specific process—but otherwise, employers are not obligated to warn you.

What's the difference between misconduct and serious misconduct?

While misconduct is a general term for any inappropriate behavior, serious misconduct bridges the gap between regular misconduct and gross misconduct. Serious misconduct involves behavior that is highly inappropriate but may not yet justify immediate dismissal without further investigation or prior warnings.

Can misconduct affect future employment?

Job and Internship Opportunities

More employers than ever are conducting background checks that include disciplinary records, especially in fields like finance, law, healthcare, education, and government. Some job applications ask directly about academic dishonesty.

Can I lose my job for misconduct?

Losing your job can happen for many reasons including being dismissed for underperformance or serious misconduct, because the job isn't needed anymore or the business has closed.

How to defend yourself against misconduct?

How to Defend Yourself Against Gross Misconduct

  1. Understand the Allegations: Request a clear, written explanation of the charges against you. ...
  2. Know Your Rights: ...
  3. Gather Evidence: ...
  4. Seek Legal Advice: ...
  5. Present Mitigating Factors: ...
  6. Stay Professional:

How long does a misconduct investigation take?

How long does a misconduct investigation take? The duration of an investigation depends on the complexity of the case, the number of witnesses, and the availability of evidence. Most investigations take a few days to several weeks, but complex cases may require longer periods to ensure due diligence.

What are examples of getting fired for misconduct?

These are wide-reaching gross misconduct examples that can include:

  • Stealing office equipment, company stock, merchandise or cash.
  • Stealing personal belongings from colleagues.
  • Unlawfully obtaining or disclosing commercial data.
  • Making fraudulent expenses or overtime claims.
  • Fraudulently using personal data for personal use.

What not to say when firing an employee?

When firing someone, avoid saying "I'm sorry," "This is hard for me," "We're going in a different direction," or comparing them to others; instead, be direct but respectful, focusing on business reasons, documenting prior warnings, and clearly stating the decision, as phrases that sound apologetic or vague can create confusion and legal risk. Never make it a surprise for performance issues, don't make personal attacks, and avoid false hope or promises of future employment.
 

What are you entitled to if you are terminated?

Severance pay

A terminated employee may be entitled to more than the minimum amount of termination notice or pay required under employment standards legislation. This is often referred to as severance pay. Severance pay is determined under common law and not required under the Employment Standards Code.

Can you get another job after being fired for misconduct?

I'm here to tell you that you can get a job after being fired for misconduct. I've helped many of my clients find great jobs after being fired. It's a matter of swallowing a little bit of pride, learning from the experience, and launching a fresh start.

What is the 3 month rule in a job?

The "3-month rule" in a job refers to the common probationary period where both employer and employee assess fit, acting as a trial to see if the role and person align before full commitment, often involving learning goals (like a 30-60-90 day plan) and performance reviews, allowing either party to end employment more easily, notes Talent Management Institute (TMI), Frontline Source Group, Indeed.com, and Talent Management Institute (TMI). It's a crucial time for onboarding, understanding expectations, and demonstrating capability, setting the foundation for future growth, says Talent Management Institute (TMI), inTulsa Talent, and Talent Management Institute (TMI). 

Is misconduct just cause for termination?

Just cause is a common standard in employment law, as a form of job security. When a person is terminated for just cause, it means that they have been terminated for misconduct, or another sufficient reason.

What are HR trigger words?

HR trigger words are terms that alert Human Resources to potential policy violations, serious workplace issues like harassment, discrimination, bullying, retaliation, or a hostile work environment, and significant risks like lawsuits, high turnover, or burnout, prompting investigation or intervention, while other buzzwords like "quiet quitting" signal cultural trends. Using them signals a serious concern requiring HR's immediate attention for compliance and employee safety, though overly negative or absolute language can also be flagged. 

Does serious misconduct always lead to dismissal?

The word 'serious' means that something more than mere misconduct is required. Serious misconduct is generally defined as a 'disregard of the essential conditions of a contract of service, and a single act can justify a dismissal, especially where it is destructive of the relationship between employer and employee'.

How to prove misconduct at work?

Write down what happened, who was involved, and when it occurred. Be specific, include dates, emails, or HR reports. This record is the legal foundation of your retaliation claim. Without it, proving employer misconduct becomes far more difficult.