What Is a Fireable Offense? Definition, Examples & Guide

In Short

A fireable offense is a behavior or violation serious enough to justify termination—from theft and violence to repeated policy violations.

What Is a Fireable Offense?

A fireable offense involves breaking company policies, violating laws, or behaving in ways that harm the business, coworkers, or customers. Some violations lead to instant termination (theft, violence); others result from repeated warnings or patterns of misconduct. Understanding what qualifies helps both managers and team members navigate workplace expectations fairly.

What Are Common Fireable Offenses?

Theft or Fraud

Stealing money, inventory, equipment, or company data—including falsifying expense reports or using company credit cards for personal expenses—typically results in immediate termination. These violations often involve criminal charges beyond workplace consequences. Even small-scale theft, like taking office supplies home without permission, can qualify as a fireable offense depending on company policy.

Violence or Threats

Physical violence, threatening coworkers, or creating unsafe environments trigger zero-tolerance policies in most workplaces. Even a single incident can be grounds for termination, especially when safety is compromised.

Harassment or Discrimination

Behavior targeting someone based on race, gender, age, religion, disability, or other protected characteristics violates both company policy and federal law. These offenses often result in immediate termination and potential legal action.

Insubordination

Refusing reasonable instructions from managers or openly defying company authority disrupts operations and undermines leadership. While minor disagreements rarely qualify, persistent refusal to follow directives can lead to termination.

Dishonesty

Lying on applications, falsifying timesheets, or covering up mistakes erodes trust—even if discovered long after hiring. Working conditions often depend on honest communication, making dishonesty a serious violation.

Intoxication or Substance Abuse

Being under the influence at work endangers everyone and violates most workplace policies. This is especially critical in safety-sensitive roles where impairment can cause injury or property damage.

Repeated Tardiness or Absenteeism

Consistent lateness or unexcused absences disrupt operations and burden coworkers. While occasional issues happen, calling off work without proper notice repeatedly often leads to termination after warnings.

Poor Performance

Inability to meet basic job requirements despite coaching and support may warrant termination. Most employers provide performance improvement plans first, giving team members specific goals and timelines to improve. However, continued failure to meet standards after receiving support can be a fireable offense. This differs from occasional mistakes, which are part of normal learning and growth.

Violating Confidentiality

Sharing proprietary information, customer data, or trade secrets damages businesses and client relationships. These breaches justify immediate termination and may carry legal consequences.

Social Media Misconduct

Posting offensive content, badmouthing employers publicly, or sharing confidential information online—especially if it harms company reputation—can be grounds for dismissal.

How Does At-Will Employment Affect Termination?

In most U.S. states, employment is “at-will”—either party can end the relationship at any time for almost any reason (or no reason), as long as it’s not illegal. This means many behaviors technically qualify as fireable offenses even without documented warnings. Even so, most employers document offenses thoroughly to protect against wrongful termination claims and maintain consistent standards across their workforce.

Some contracts, especially for temporary employment arrangements or union agreements, require “just cause” for termination. This means employers must prove specific misconduct or valid business reasons rather than exercising discretion. Understanding your employment status and reviewing your contract or offer letter helps clarify what protections apply and what standards govern potential termination decisions.

What Actions Are NOT Fireable Offenses?

Certain actions receive legal protection—terminating someone for these reasons may constitute wrongful termination:

• Filing workers’ compensation claims
• Reporting illegal activity (whistleblowing through programs like OSHA’s whistleblower protection)
• Taking legally protected leave (FMLA, jury duty, military service)
• Discussing wages with coworkers (protected by the NLRA)
• Refusing illegal or unethical directives

If terminated for these reasons, consult an employment attorney to understand your options. The National Labor Relations Board (NLRB) provides information about protected workplace activities.

How Can You Avoid Being Fired?

Know company policies. Read your employee handbook thoroughly and understand what behaviors are prohibited. Asking questions during on-the-job training helps clarify expectations early. Understanding your organization’s work availability requirements and duty roster policies helps you meet attendance expectations.

Communicate proactively. If you’re running late or need time off, notify your manager as early as possible rather than leaving shifts uncovered. Learn proper procedures for covering a shift when emergencies arise.

Follow reasonable directives. Even if you disagree with a decision, follow lawful instructions and address concerns through proper channels afterward.

Maintain honesty. Don’t lie on timesheets, expense reports, or applications—integrity is fundamental to employment relationships.

Treat everyone respectfully. Harassment, discrimination, and aggression are never acceptable, regardless of workplace dynamics or personal conflicts.

Ask for support when struggling. Request additional training or coaching before performance issues become patterns that warrant termination.

What Should You Do If Facing Termination?

Request specific details. Ask for clear information about which policy was violated or what performance standard wasn’t met.

Review employment documents. Check your handbook, contract, or union agreement to understand your rights and the employer’s obligations.

Document all interactions. Keep records of conversations, emails, warnings, and any evidence relevant to the situation.

Seek professional guidance. Talk to HR, a union representative, or an employment lawyer if the termination seems unfair or potentially illegal.

Stay professional throughout. Even if you’re upset, remain calm and respectful—your behavior affects references and future employment prospects.

How Should Employers Handle Fireable Offenses?

Document thoroughly. Keep detailed records of incidents, warnings, and corrective actions to support decisions and demonstrate consistency.

Apply policies consistently. Treat similar violations the same way across all team members to avoid favoritism or discrimination claims.

Provide warnings when appropriate. For less severe offenses, offer chances to improve through verbal warnings, written warnings, or performance improvement plans before resorting to termination.

Act quickly on serious violations. Theft, violence, and illegal behavior warrant immediate investigation and action to protect the workplace.

Consult legal counsel. Before terminating someone, especially in complex situations, get professional advice to avoid wrongful termination claims and ensure compliance with employment laws.

Frequently Asked Questions

Can you be fired for one mistake? In at-will employment states, yes—though most employers reserve immediate termination for serious violations like theft, violence, or major safety breaches. Minor mistakes typically warrant warnings first.

Is it a fireable offense to refuse overtime? Generally no, unless your contract requires overtime availability. However, repeatedly refusing reasonable scheduling requests may create performance issues over time.

Can gossip be a fireable offense? Potentially, especially if it involves harassment, discrimination, or sharing confidential information. Workplace ostracism and creating hostile environments through gossip can warrant discipline.

What’s the difference between termination and demotion? Termination ends employment entirely, while demotion reduces responsibilities or pay. Employers may offer demotion instead of termination for performance issues in some cases.

Are you required to give notice before firing someone? Not in at-will states, though many employers provide advance notice or severance as a courtesy. Just-cause agreements may require specific notification procedures.

Can you collect unemployment after being fired for cause? It depends on your state and the specific offense. Serious misconduct like theft typically disqualifies you, while performance-based termination may still allow benefits.

Keep Your Workplace Fair and Consistent

Clear policies and fair enforcement create workplaces where everyone understands expectations. ShiftFlow helps you track attendance, document schedules, and communicate policies—supporting consistent, professional team management. Try it free today.