Is it illegal to fire someone for violating company policy if it involves a lunch break?

Company policy dictates lunch period for all office employees is a 1hr unpaid lunch starting at 11:30 and a return no later than 1pm. You have one employee who takes lunch from 1pm - 2pm. This person claims they can't go earlier because there is noone else in the office and the office can't ever be left unattended for any reason.
This person has been told repeatedly that lunch must end by 1pm and that there is always someone present onsite even if they are not office personnel. I'm in Texas. Would it be illegal for me to fire this person for violating company policy?
Additional Details
We have proof from the IT company that this person slacks off while everyone else is gone. This person also wastes a great deal of time on the internet throughout the day.

michr

legally you could fire the person....................
you may even be able to prove cause if they filed for unemployment(MAY BE ABLE TO). if the policy is in writing and is enforced with EVERY EMPLOYEE you probably will have no issues as far as unemployment but.............
WHY would you want to fire someone who obviously cares about there being someone in the office at all times?
if there are legitimate reasons for your concerns such as this person is slacking while everyone else is gone and then taking their hour break(so in a sense taking a 2 hour break) you may be justified but it seems a rather drastic step for the issue you are trying to address.

leysarob

First, write the person up for not following company policy. At the bottom of the write up note that if the behavior continues the employee should expect termination as the result.

Then if the employee continues. Fire that employee. You have warned in writing and the employee failed to follow policy. You will then likely be covered.

americanfreeman

you can fire anyone at any time for any reason or no reason at all.

Judy

No, it wouldn't be illegal. But have you addressed the REAL problem with the person - their goofing off when nobody else is around, and personal Internet use? That would seem like a better place to start.

Heather

I'm pretty sure that Texas is at at-will employment state which means an employer can fire someone for any reason (not including discriminatory reasons) or for no reason at all.

And since you have proof, you can definitely fire him for violating company policy.

Reala

I don't see harm if they are working the same amount of time and taking off only an hour. Take a chill pill.

hr4me

If your company has an electronic media service policy regarding personal use of computers and the internet why would you fire them over lunch hour? Fire them for violating your policy about personal use of the computer and internet. Much easier grounds. Have IT pull some records for you to have in his/her file to show how much time they are on the internet if they don't have a work need to do so.

MetalQueen

It's not illegal, just like it isn't illegal for your boss to fire you for asking such a stupid question.

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