Although the "at will" doctrine is still in place for employers in most states - meaning that a worker's employment can technically be terminated at any time - laws have become increasingly protective of employees and there are now many exceptions. Wrongful termination lawsuits being brought by employees are increasing in number and such actions can be messy and expensive for employers.

But there are grounds that any jury - who do unfortunately tend to show partiality towards "wronged" employees - could not argue with and these will generally stand up just fine.

Constant Incompetence - As an employer you should not retain a consistently underperforming employee simply because you are afraid of the ramifications of letting them go. If you have given them a reasonable chance to succeed and they still cannot, or will not do the job they were hired to do in a efficient manner you are quite warranted in your decision to terminate them.

Repeated absenteeism or consistent lateness - Any business relies upon its employees, and need them to show up on a consistent basis and on time. Repeated unexcused absences or chronic lateness often affect the whole company adversely, and in most cases you are quite within your rights to let the offending employee go. If there is a medical condition involved however tread carefully - laws such as the Family and Medical Leave Act and Americans with Disabilities Act mandate that you make certain concessions to such things under a specific set of circumstances.

Drugs and alcohol - Showing up to office under the influence of either one is usually grounds for termination. Some companies these days however are choosing to offer counseling or rehab as an alternative to immediate termination, and if the drugs involved are legally prescribed medication you may have to be more flexible.

Falsifying information - Some employees still lie on their resumes, creating for instance a fake degree that they never attained or claiming a certification that they do not hold. Although a background check should really reveal these kinds of things before employment, if you do happen to discover them later you are warranted in most cases in terminating that person's employment.

If a terminated employee does decide to file a legal action against your company you will be in a far better position to defend yourself if you have the adequate documentation to back your decision up. Consistently poor employee appraisals, notices of verbal and written warnings and a clear employee behavioral standards policy are all excellent tools to ensure that any termination decision you make would stand up in court.