In this five-part article series, the Jacksonville construction lawyers at Cotney Construction Law are discussing cases in which the immediate termination of an employee is necessary to protect the best interests of a construction firm. In the first, second, and third sections, we discussed implementing a zero-tolerance policy and harassment and substance abuse violations in the workplace. In this section, our Jacksonville construction attorneys will discuss when an employee’s poor work performance impacts their position.
Poor Work Performance
If an employee fails to perform at a level that meets the requirements of their position, this is grounds for immediate termination. Here are three ways that a construction professional can be terminated because of their work performance:
- Attendance: If an employee is constantly late for their shift or is absent for consecutive days without contacting their employer, this could lead to their termination. It’s best to utilize a disciplinary action system where an employee is aware that once they reach a certain number of write-ups for absences, they will lose their position.
- Negligence: If a worker’s performance was so exceedingly poor it caused significant damages to their company or compromised the safety of their co-workers, they can be terminated for poor work performance.
- Inappropriate Use of Company Resources: If an employee utilizes a company computer or internet for reasons that are “not safe for work,” this can result in their immediate termination. Similarly, inappropriate use of company property (including smartphones or an email address) can also result in an immediate termination.
As we will also discuss in the next section, certain actions that are considered “serious misconduct” can also result in the immediate termination of an employee. Here are three ways that a construction professional can violate these company rules:
- Theft: The construction industry experiences hundreds of millions of dollars in lost revenue every year because of the theft of materials, tools, and even construction equipment. Whether a worker stole any of these valuable items or stole a coworker’s or client’s personal property, any form of theft on the jobsite can result in their termination.
- Providing False Information: Many applicants that want a competitive edge over their competition during the interview process will embellish their experience or skills. If an employer discovers that their recently hired employee was dishonest during the interview process, they have a right to let the employee go.
- Confidential Information: Sharing confidential information is an extremely important issue as this violation can greatly impact the profitability of a construction firm. With the popularity of social media, construction firms need to train their workers on what they can share online.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.