“When to fire?” is a question I am often asked. Employers always ask if there is enough evidence or if it is time yet to fire. Stretching facts or firing based on assumption is never a good idea.
For example, years ago two bank tellers were in an island kiosk where they handled drive-up customers when a significant amount of money came up missing. Both tellers adamantly denied the theft. Both also recalled a money bag on the floor of the booth, which was a violation of policy.
Following my advice, the two were not fired for theft as there was no proof of that, but both did admit to the policy violation of money on the floor. That was the reason for the bank to terminate both, and neither could deny the rationale.
Similarly, in the sexual harassment context, an employee might admit to telling dirty jokes but adamantly deny much worse alleged conduct. Consider firing the employee for the admission of telling a subordinate several dirty jokes rather than the conduct which is hotly disputed.
Listen carefully to what the employee admits and use that as a basis of the termination.
