2019 US Virgin Islands Code
Title 24 - Labor
Chapter 3 - Labor Relations
§ 76. Grounds for discharge

  • (a) Unless modified by union contract, an employer may dismiss any employee:

    • (1) who engages in a business which conflicts with his duties to his employer or renders him a rival of his employer;

    • (2) whose insolent or offensive conduct toward a customer of the employer injures the employer's business;

    • (3) whose use of intoxicants or controlled substances interferes with the proper discharge of his duties;

    • (4) who wilfully and intentionally disobeys reasonable and lawful rules, orders, and instructions of the employer; provided, however, the employer shall not bar an employee from patronizing the employer's business after the employee's working hours are completed;

    • (5) who performs his work assignments in a negligent manner;

    • (6) whose continuous absences from his place of employment affect the interests of his employer;

    • (7) who is incompetent or inefficient, thereby impairing his usefulness to his employer;

    • (8) who is dishonest; or

    • (9) whose conduct is such that it leads to the refusal, reluctance or inability of other employees to work with him.

  • (b) The Commissioner may by rule or regulation adopt additional grounds for discharge of an employee not inconsistent with the provisions enumerated in subsection (a) of this section.

  • (c) Any employee discharged for reasons other than those stated in subsection (a) of this section shall be considered to have been wrongfully discharged; however, nothing in this section shall be construed as prohibiting an employer from terminating an employee as a result of the cessation of business operations or as a result of a general cutback in the work force due to economic hardship, or as a result of the employee's participation in concerted activity that is not protected by this title.

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