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Systematic negative behavior — an employee who badmouths colleagues and harshly criticizes management — can constitute grounds for dismissal, but not without further ado. This often involves establishing a strained working relationship or culpable conduct, and only after a warning and a solid record.
When does behavior become a problem?
An employee who regularly speaks negatively about colleagues and criticizes management can seriously disrupt the atmosphere and interpersonal relationships. Occasional criticism is part of the job, but structural and transgressive behavior that undermines cooperation is a different matter.
Which ground for dismissal applies?
Dismissal due to such behavior usually proceeds via a disrupted employment relationship (ground g) or culpable conduct by the employee (ground e). Which ground applies depends on the situation: is it primarily a matter of a relationship that has become unworkable, or of behavior that is genuinely attributable to the employee?
Warn first and build a case file
You cannot simply proceed with dismissal. Address the employee regarding their behavior, give them the opportunity to improve, and document this in writing with concrete examples (dates, situations, consequences). Without a well-documented file, a dismissal will almost certainly fail in court.
Acting carefully pays off
Respond proportionally: often, a conversation and an official warning are appropriate first, and a more severe measure only in the event of persistent behavior. Often, termination by mutual agreement via a settlement agreement is the calmest and surest route.
Frequently Asked Questions
Am I allowed to fire someone for negative behavior?
Under certain conditions, yes, usually through a disrupted employment relationship or culpable conduct, and only after a warning and with a solid record.
Is one incident enough for dismissal?
Rarely. It usually involves systematic behavior. Build a file and give the employee a chance to improve.
What is the safest route?
Often a settlement agreement, because a judicial dissolution is uncertain without a strong case file.
Dealing with a difficult employee?
Our legal experts draft warning or settlement agreements . View our employment lawteam or schedule a free consultation.
