Can You Be Fired for Violating a Company Policy You Were Unaware Of?

Understanding the complexities of employment policies and the legal rights of employees is crucial in the modern workplace. If you're an at-will employee, which applies to the majority of U.S. workers (with the exception of those represented by a union), your employment can be terminated for any reason or no reason at all, provided it doesn't violate public policy.

What Is At-Will Employment?

Most employees in the United States are considered at-will employees. This means that both the employer and the employee can terminate the employment relationship at any time, with or without cause. An important exception to this rule is that employers cannot terminate employees for a reason that violates public policy. For example, an employer cannot fire an employee because of their race, religion, or another protected category.

Are You Expected to Know Company Policies?

Employers expect their employees to be familiar with their company policies. Not knowing a policy does not serve as a valid excuse for violating it. In fact, depending on the circumstances, not knowing about a particular policy might even be considered grounds for termination. After all, employees are responsible for understanding the rules and regulations they are expected to follow.

However, it's important to recognize that merely because others in the company have violated a policy and have not been reprimanded, it does not prevent the company from enforcing the policy when necessary, especially if the violation is egregious. Nonetheless, the policy cannot be enforced in a discriminatory manner against a protected class, such as a racial or religious minority.

Legal Advice and Protection

This explanation is general in nature and does not constitute legal advice. If you find yourself in a situation where you believe you have been wrongfully terminated or if you need further clarification on workplace policies, it is highly recommended that you consult with an attorney who specializes in employment law and is licensed to practice in the relevant state.

The Role of the Labor Board

If you believe you were fired due to a violation of company policy that was not consistently enforced, you may consider reporting the issue to your state's labor board. If you can present concrete evidence that others in the company were violating the same policy without consequences, you might have a case to bring back your job. However, after such a claim, the employer can still terminate you for any subsequent infraction, including infractions related to the same policy.

Ultimately, the decision to terminate an employee for violating policy can vary based on several factors, including the state you are in, whether or not you are a union member, and how the company notified you of the policy. Regardless of these factors, the at-will doctrine means that the employer has the power to terminate the employment at any time, even if the termination is not legally justified.

In conclusion, while you can be fired, if you believe your termination was wrongful, you should seek legal advice and consider your options. Remember, the at-will doctrine means that even if an employer chooses to terminate you for illegal reasons, they can still do so. You can then seek to recover your job through legal means, but there is no guarantee of success.