What happens when an employee violates a policy?
When an employee violates policy, one of two things is generally happening. Either they haven’t been trained correctly on that policy or they’re choosing not to follow it. And the response to those two situations is very different. If an employee violates policy, it’s helpful to ask yourself a few questions before taking any action.
What happens if employment policies are not enforced?
Having well-written employment policies is a good thing, but it is only half the battle. If they are not enforced, they are like tools rusting away, unused in the garage. Worse, if they are enforced unevenly among employees, they can become tools of destruction. This was demonstrated rather starkly in Equal Employment Opportunity Commissioner v.
Can a company be lax in enforcing its policies?
As the Court noted, “Kohler’s lax enforcement of company policies and employee discipline, however, undermines its reasons for Reynolds discipline and termination.” This case is a cautionary tale for employers who believe they have caught an employee “hands down” in a violation of company policy and are ready to terminate.
Why do managers shy away from discussing policy violations?
Managers often shy away from having those conversations because they’re concerned about the time it will take or are worried about the what ifs in the situation. What if they get mad?
What happens if you violate a company policy?
For example, a court will likely consider your overall employment record at the company, extenuating circumstances, evidential strength, and whether or not your employer: Properly documented the policy with a clear warning that it justified discipline such as discharge
Can a company policy cause an employee to be fired?
Additionally, state courts typically consider clear, properly-documented company policies to be binding, implied contracts between employers and employees. As a result, an employee breach of the implied contract in the form of policy violation, might constitute good cause for the employer to fire the employee.
When does an employer violate an employee’s rights?
Because employment law is so complicated, employees often don’tknow what their rights are regarding vacation, comp time, commissions, etc. In fact, some employees don’t even know when an employer violates a workplace law.
Can a company fail to follow a policy?
The reality is, when it comes to most business decisions, an employer has a lot of discretion in how they operate, as well as how they deal with their employees. There are, however, some situations where failure to follow a particular policy can provide evidence of employment discrimination. The Purpose of Company Policies