Your handbook shouldnt contain anything by which the company doesnt intend to abide.. Take the case of John Reynolds, a black employee of plumbing manufacturer Kohler in its Searcy, Ark., plant who was fired for violating company attendance rules. Security Policy Enforcement | AT&T Developer Written policies also provide notice to employees of what to expect when they engage in the behavior covered by the written policy. Policies are an essential component of any organization. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); MEMBER DISCOUNTS Some were told that they could nap on their breaks as long as they were in the designated breakroom. (No claim to original U.S. government material.). Counsel and Chair, Employment and Labor Department, Parker McCay P.A. Please confirm that you want to proceed with deleting bookmark. . Used right, your companys discipline system will help managers recognize problems early, work with employees to turn performance around, and ensure that employees know what the company expects. All rights reserved. But that rule, too, was enforced off and on. Companies who consistently apply workplace policies to similarly situated employees are less likely to face and lose discrimination claims. Circuit Court of Appeals, which found in Kohlers favor on the discrimination claim, but for the EEOC on the retaliation claim (EEOC v. Kohler Co., 335 F.3d 766 (8th Cir. Consistent enforcement would not benefit OP in any way, and so the only concern is fairness across the whole community. To request permission for specific items, click on the reuse permissions button on the page where you find the item. Managers must impose discipline consistently. Otherwise, policies will be honored more in the breach. If your company disciplines employees for absences (as most do), make sure you are not inadvertently punishing employees for exercising their legal rights. At the end of the day, treating people with respect, compassion and understanding, and really listening and embracing the whole process, understanding that people truly are our most important asset thats what avoids liability.. Need help with a specific HR issue like coronavirus or FLSA? How to Dispute a Warning Letter in an Employee File, How to Get a Job Through a Company You Got Fired From. If you mean what you say, then do what you say.. If you need to terminate an employee, diversify the risk by getting a second person involved in the decision, he advised. But juries think you should be even in your application of rules. Alleged Inconsistent Enforcement of Non-Compete Agreements Raised in What if your company inconsistently enforces these policies? If a company is still supposedly following its dress code from the 1950s, you better believe no one is enforcing it. Be Fair, Be Consistent, Avoid Lawsuits - SHRM While employees may not intentionally violate workplace policies . 6. The contents are intended for general informational purposes only, and you are urged to consult your own attorney concerning your situation and specific legal questions you have. Find out more about ComplianceBridge's Policy & Procedure Software, as well as its Risk Management Software by watching a two-minute demo.
