Termination is a serious penalty. While the termination often stems from the severity of immediate conduct, other factors specific to an employer’s practices or an employee’s work history should not be ignored. Arbitrators will consider whether the employer laid groundwork to support the decision to terminate. Recent Minnesota arbitration awards provide some useful reminders about what that groundwork should look like.
Make Sure the Employee Knew the Rules
In City of Mound & Teamsters Local 320, BMS Case No. 25PA1856, a parks employee was terminated after engaging in workplace violence with a coworker that violated the City’s Respectful Workplace policy. The arbitrator upheld the discharge, noting that the employee had received training and knew the potential consequences of a violation, had previously intimidated and bullied others, did not recognize the seriousness of his conduct or show any regret for his behavior.
Takeaway: A policy tucked away in an employee handbook is helpful. A documented history showing that the employee received training, understood expectations, and was warned about consequences is better.
Make the Record Tell the Story
A similar lesson emerges from Minnesota Management & Budget/Department of Corrections & MAPE, BMS Case No. 26PA0080. A hearing officer was terminated after failing to provide required due-process rights, causing a loss of liberty, and failing to timely report to work. The termination was upheld, with the award emphasizing the employee’s repeated violations of policy and a long-term pattern of difficulty following work rules.
Takeaway: If management believes the final incident is the last chapter in a much longer story, make sure the earlier chapters are actually documented. Undocumented history is difficult to rely upon when defending a termination.
Prove the Offense You Are Actually Charging
The employer did not fare as well in Hennepin County & AFSCME Council 5, BMS Case No. 25PA0288. A detention facility corrections officer was discharged for alleged harassment, bullying, and disrespectful conduct. The arbitrator concluded that the evidence did not establish bullying or harassment, although the employee’s vulgar language violated respectful-workplace expectations. The employee was reinstated with the discharge reduced to a five-day unpaid suspension.
Takeaway: Proving that an employee behaved badly is not necessarily the same as proving the misconduct identified in the termination decision. Before discharge, connect the dots: What happened? What policy does it violate? What evidence proves the violation?
Misconduct and the Appropriate Penalty Are Separate Questions
Perhaps the most important lesson is that proving misconduct does not equate to just cause for termination. Prior to discharge employers should consider:
- Whether the conduct can be proved?
- Whether the termination can be defended as the appropriate response to that conduct?
- What is impact of other factors such as the employee’s disciplinary history, seriousness of the offense, treatment of comparable employees, other mitigating circumstances?
While there are never guarantees regarding the outcome of disciplinary appeals, employers do not want to in a position where serious discipline, such as termination, is denied at arbitration. If you or your organization need assistance evaluating employee misconduct and appropriate discipline, contact Wiley Reber Law for legal advice that works.