The Employer’s Legal Advisor

Zero Tolerance

Some acts are so deplorable as to warrant discharge. There should be no hesitancy in firing someone for a legitimate reason on first offense. However, some employers have adopted a “zero tolerance” standard for certain acts that involve something other than a willful, egregious act of misconduct. In particular, safety. As a legal counselor, I do not like zero tolerance policies except for the most serious of offenses involving deliberate acts of misconduct because such a policy removes all discretion from the manager and, invariably, some degree of judgment is required in discharge cases.

Remember that a judge or jury will not look kindly on the employer who woodenly imposes a zero tolerance policy devoid of all caring and human ...