inconsistent enforcement of company policies inconsistent enforcement of company policies

For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. You also have the option to opt-out of these cookies. In the past few years, companies have had to develop policies for cell phones, use of cell phones in company cars, and employee weblogs, Johnson says. For help drafting or reviewing your companys leave policy and other documents, and for advice on whether you should fire an employee who reaches the end of your disciplinary steps, talk to an experienced employment lawyer. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. Employers create internal policies to manage employee behavior and promote productivity. Ruth Mayhew has been writing since the mid-1980s, and she has been an HR subject matter expert since 1995. This was demonstrated rather starkly in Equal Employment Opportunity Commissioner v. Kohler Co., in which the 8th Circuit Court of Appeals reversed a summary judgment in favor of the employer because the employer failed to enforce its discliplinary policies uniformly. It is vital that Utah employers draft clear policies that are consistently enforced. inconsistent-enforcement-of-company-policies. listings on the site are paid attorney advertisements. Some were told that they could nap on their breaks as long as they were in the designated breakroom. Be ready to explain what is policy inconsistency from your perspective. Virtual & Las Vegas | June 11-14, 2023. There are many reasons why employers should be concerned about inconsistently applying work rules. Configuration management involves making sure that the proper APN and dial strings are used, and that peripheral devices and ports are off or on as dictated by policy. Request a meeting with your supervisor or manager. Fortunately, there are several steps employers can take to ensure that employee policies are communicated, understood and followed. This website uses cookies to improve your experience while you navigate through the website. Have employees in more than one state? Keeping policies updated ensures that they are still relevant. 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. That's textbook slave-morality. Join us at SHRM23 as we drive change in the world of work with in-depth insights into all things HR. +1 (408) 689-8205 Most companies outline procedures for bringing forward complaints, according to Money. Now, imagine the employee who was sent home is part of a protected class? Get the latest significant legal alerts, news, webinars, and insights that affect your industry. One such protected activity is discussing working conditions, including disciplinary matters, with coworkers. When a workplace rule that should apply to everyone seems to be applied only selectively, employees feel aggrieved. Mr. Pickard requested that Hexcel accommodate his injury by allowing him to work eight-hour shifts, instead of his normal 12- hour shift. Wage and hour lawsuits are on the rise. To help improve consistency, employers should make sure all policies are in writing, managers and supervisors are properly trained, and that all employment actions are documented, especially when an employer decides to deviate from established policies. When asked by businesses what they can do to avoid legal claims by employees, one of the first things I tell them is to be consistent when applying workplace policies and rules. Find out more about ComplianceBridges Policy & Procedure Software, as well as its Risk Management Software by watching a two-minute demo. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. 220 Laurel Road, Suite 203 Give managers just enough information so they know when to contact the HR team, which has a detailed knowledge of leave laws. This website uses cookies so that we can provide you with the best user experience possible. For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. In other words, employees who commit the same misconduct or display the same performance problems should be treated in the same manner. } Managers need to be trained on the ins and outs of these critical employment laws. Managers and supervisors are in a position of power, so they need to be extra careful with how they act, learn to recognize unacceptable behavior, and know what to do if they see or hear about it. Even after this, Hexcels enforcement of the no-sleeping rule was inconsistent. Kohler also maintained a policy that employees who had a per-hour quota could leave work early if they met that quota before the end of their eighthour shift. (You may not fire an employee for discriminatory reasons, for example, or to retaliate against the employee for complaining of illegal activity, such as unpaid wages or safety violations.). FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. When managers dont get performance evaluations done on time or dont carefully consider what they write, employees get upset and feel unappreciated, he said. When you roll out a new policy, do some education around it. Reynolds did not provide the names of those employees, and the human resources director did not investigate his allegations. Frequently, managers and HR professionals believewronglythat the results are confidential. A policy that is vague, evolving, or inconsistently enforced will support an employee's claim for discrimination/retaliation. Written policies also provide notice to employees of what to expect when they engage in the behavior covered by the written policy. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. Lawyers who have received peer reviews after 2009 will display more detailed information, including practice areas, summary ratings, detailed numeric ratings and written feedback (if available). Please log in as a SHRM member. The FMLA guarantees an employee, male or female, who has been working at least a year for a company with 50 or more employees the right to job-protected, 12-week, unpaid leave to recover from a serious medical condition or to care for a newborn, a newly adopted child, or a seriously ill child, parent or spouse. Inconsistent enforcement opens the door for the employee's attorney to allege discrimination, Being unaware of the law. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { A case of discrimination is built on unequal treatment based on race, sex, age, disability or other protected classifications, says Mark Burak, an attorney with Morse, Barnes-Brown and Pendleton in Waltham, Mass. It should not be construed as legal advice or legal opinion on any specific facts or circumstances. For many employers, the biggest problem with the inconsistent application of policies comes from supervisors who are either 1) unaware of what the companys policies are or 2) aware of the policies but decide to ignore them. To employers, these numbers may seem scary, but avoiding lawsuits is possible through the proper application of workplace policies. The company didnt rebut his evidence. In general, you treat all of your employees the same way, holding them accountable for their work, rewarding them when appropriate, and imposing disciplinary measures when necessary. It is vital that Utah employers draft clear policies that are consistently enforced. Over the following month, the human resources director and Reynolds' direct supervisor reviewed Reynolds' time cards to observe his clock-in and clock-out activities. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); Windows & NAS Monitor and protect your file shares and hybrid NAS. of this site is subject to additional The EPAs definition of pay covers all forms of compensation, including bonuses, vacation and holiday pay, overtime, gas allowances, benefits, and reimbursements. His employer showed the employees signature on a copy of its written cashhandling policy and testified that the employee had attended managerial training on the issue. Your access of/to and use In December 1997 Kohler's human resources director met with Reynolds to discuss his clocking in and out early. Members may download one copy of our sample forms and templates for your personal use within your organization. Enforce a policy for one employee, but not for anotherand guess what? During the six years of his employment, company attendance policies and practices changed several times. 1990)). Having well-written employment policies is a good thing, but it is only half the battle. Legal Issues to Consider When Disciplining Employees, How to Discipline Employees in a Small Business, How to Avoid Legal Trouble When Conducting Performance Reviews, What to Include in Your Employee Handbook. Kohler fired Reynolds later that day. Furthermore, the human resources director testified that although the white employee's time card showed the same hours as Reynolds - so much so that it prompted Kohler to accuse Reynolds of clocking in and out for the white employee - neither the human resources director nor Kohler questioned the white employee about the oddity or investigated whether he was working his full eight hour shift. Employers should document every actions taken against employees. There are one of the first things that lawyers ask about when a lawsuit is filed. Ruth resides in the nation's capital, Washington, D.C. How to Write a Letter Complaining About an Unfair Workplace. All reviewers are verified as attorneys through Martindale-Hubbells extensive attorney database. Although the court reduced the amount of Mr. Pickards damages, the Hexcel case serves as a warning and reminder to employers that taking an adverse action against an employee on the basis of an inconsistent, unclear policy can have serious consequences and lead to costly litigation. It is a fundamental practice every employer should engage in for many reasons. People dont think that people conspire, he said. This advice applies whether you are changing a policy or adding a new one. The EEOC argued on appeal that the proximity of Reynolds' complaint of discrimination in relation to his termination coupled with Kohler's inconsistent enforcement of its policies and use of disciplinary actions established facts from which a jury could have drawn the conclusion that Kohler retaliated against Reynolds. However, all employers benefit from having written policies. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Lawyers from our extensive network are ready to answer your question. The easiest way an employer can increase the consistent application of rules is to put them in writing. Defend data in Salesforce, Google, AWS, and beyond. New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, SHRM Research: Work Is Negatively Impacting Employees Mental Health, AI-as-a-Service: Getting SMBs Started with AI. MEMBER NEWS Recommendations include: When formulating policies, get employee buy-in. Bad evaluations drive settlements, Zandy said. SHRM's HR Knowledge Advisors offer guidance and resources to assist members with their HR inquiries. Invite debate., Track use of policies. The court modified the damages award, however. andbook policies are supposed to be your friend, there to help protect your organization from lawsuits, not blow up in your face and make your employer more likely to be sued.