Can Your Employer Fire You Based On An Allegation?

If your employer dismissed you based on an allegation and failed to follow the proper disciplinary process, your dismissal may be unfair and you may be entitled to compensation.

Whether you are accused of stealing, fighting, insubordination or any other form of misconduct, your employer has to follow a proper disciplinary process before punishing you.

Steps in the disciplinary process:

1. Investigation. Your employer must conduct an investigation by meeting with you and any other witnesses to gather evidence.

2. Disciplinary hearing. If there is evidence that you may have committed misconduct, your employer must conduct a disciplinary hearing. You must be informed of the charges made against you, provided with all the evidence gathered, and given an opportunity to be heard to provide any explanations.

3. Sanction. If you are found guilty of misconduct, your employer must give a fair sanction. Dismissal is last resort, and should usually only be applied after you have received previous sanctions such as a written warning, final warning and possibly even a suspension (this is called progressive discipline- it is only fair to not use progressive discipline if an employee is guilty of very serious misconduct.)

Even if you were accused of serious misconduct, like theft, your employer still has to follow these steps.

If your employer dismissed you without conducting an investigation, conducting a disciplinary hearing or applying a fair sanction (using progressive discipline), your dismissal may have been unfair and you may be entitled to compensation.