} As the Court noted, "Kohler's lax enforcement of company policies and employee discipline, however, undermines its reasons for Reynolds discipline and termination.". Stay up-to-date with how the law affects your life. But keep it only for the purpose of getting legal advice so its protected by the attorney-client privilege and it wont be discoverable in an employee lawsuit., He adds, Its common, in a discrimination lawsuit, for an employees lawyer to ask to see information on, for example, all the employees terminated in the last two years. 5. The court found the fact that Kohler disciplined Reynolds disproportionately to other employees who violated company policies, such as failing to have their foreperson sign their time cards or clocking in and out at odd hours, supported the conclusion that Reynolds' termination for violating Kohler's clock-in policies was a pretext for retaliating against him. Having good policies, and enforcing those policies, promotes efficiency and high morale among employees. Workplace rules that are ignored or applied unevenly could undermine your business and expose your company to costly lawsuits. To request permission for specific items, click on the reuse permissions button on the page where you find the item. In other words, employees who commit the same misconduct or display the same performance problems should be treated in the same manner. Morale tanks when employees see that certain individuals receive. He sued the company for race discrimination, claiming that Kohler looked the other way when his white coworkers broke the rules but enforced them against him on account of his race, as well as unlawful retaliation for complaining about discrimination. Proving discrimination cases is very hard when you have two people. Core use cases Data discovery & classification Compliance management Least privilege automation Ransomware prevention 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. Please confirm that you want to proceed with deleting bookmark. Have someone in HR be a central repository for information on how supervisors are using company policies, Johnson recommends. 7. Inconsistent policies and disparate treatment of workers can be grounds for taking legal action against the company, according to the National Law Review. Teach them about the companys equal employment opportunity and anti-harassment policies. Ask what problem it addressed and whether it solved the problem. We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. It's important that supervisors' political views don't lead to inconsistent enforcement of policies. Fortunately, there are several steps employers can take to ensure that employee policies are communicated, understood and followed. There are few things that seem to get well-intentioned employers into more trouble than when they apply workplace policies differently to similarly situated employees. of this site is subject to additional The last updated date refers to the last time this article was reviewed by FindLaw or one of ourcontributing authors. 297 Kingsbury Grade, Suite 1180 Failure to train managers. Then, theres the policy thats lain dormant for years and suddenlylike the ghost of Elvisis sighted. confidential relationship is or should be formed by use of the site. With the rise of the #MeToo movement and growing awareness around discrimination, employers who fail to enforce proper workplace conduct are at more risk than ever before. During the six years of his employment, company attendance policies and practices changed several times. By documenting the action and the reward or punishment that accompanied it, managers can make sure to treat similar actions similarly and catch inconsistencies before they become too problematic. How does my legal medical marijuana drug test affect my pre-employment and Dos and Donts of Writing a Warning Letter to an Employee, Salaried-Exempt Employees and Paid Vacation Leave. In addition to reviewing policies to make them consistent with changes in the law and changes in society, another reason to look them over is to make sure they still make sense in your workplace. Dont approach your supervisor on behalf of another employee; limit your appeals to matters that concern you personally. If someone accuses a lower-level employee of harassment, the company follows the policy. Ensure they know they will be held to the same high standards when posting to Facebook or out at the local bar as they are at work. The written policies serves as a reference that managers and supervisors can refer to when taking action against different employees, thus reducing the likelihood that they discipline employees inconsistently. Similarly, if a policy is meant to help the company meet regulatory requirements that have changed, theres little reason to keep it in effect; when the law changes and policies dont, those policies may no longer protect the company from legal repercussions. This periodic reminder should help to minimize the likelihood that managers and supervisors will take inconsistent action. For example, an employer may be more lenient with a manager coming in late to work than with an hourly employee because the manager does not work a fixed schedule. The court later granted Kohler a motion for judgment as a matter of law and overturned the jury's verdict on retaliation. When Kohler confronted Reynolds about these infractions, he said that he was being singled out because he was black. Employment Lawyer: Reduction-In-Force or Layoff: What Difference Does it Make? Support your claims with side-by-side comparison of the the company policies that appear confusing, contradictory and inconsistent. 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. Watch Demo Now. var temp_style = document.createElement('style'); This means that the extra time and effort it takes to ensure consistent application of rule can help the company save time and money in the long run. The appeals court agreed. It makes sense that HR consult with a lawyer on these changes, or get some legal education, Bogas says. This website uses cookies so that we can provide you with the best user experience possible. Inconsistent enforcement of company policy is not only unfair, but it can also be grounds for legal action. Failure to manage in person. In a later jury trial, the jury found in favor of Kohler on the underlying discrimination claim, but against Kohler on the retaliation claim and awarded Reynolds $40,000.00 in compensatory damages and $50,000.00 in punitive damages. +1 (800) 317-2820 Members may download one copy of our sample forms and templates for your personal use within your organization. Be prepared to point out where policies are inconsistent, meaning one policy or action contradicts another. Managers must impose discipline consistently. Healthcare Valuation and Consulting Services, Hospital and Health System Advisory Services, Cybersecurity Maturity Model Certification (CMMC), System & Organization Controls for Service Organizations (SOC), HIPAA Risk Security & Privacy Assessments, Accounting Software & Cloud Solutions (ERP Accounting), Document Management & Enterprise Content Management (ECM). Please confirm that you want to proceed with deleting bookmark. Updating policies is step one, but making sure everyone has access to the most current version is just as important. And trying to do so can be expensive. Perhaps most significantly, however, is that it fosters an environment for discrimination lawsuits. Some rules arent debatable because theyre required by law. Give managers just enough information so they know when to contact the HR team, which has a detailed knowledge of leave laws. In relation to consistency, documenting actions taken against employees does two things. New OSHA Guidance Clarifies Return-to-Work Expectations, Trump Suspends New H-1B Visas Through 2020, Faking COVID-19 Illness Can Have Serious Consequences, Automate HR reporting and analytics with Employee Cycle, SHRM Research: Work Is Negatively Impacting Employees Mental Health, AI-as-a-Service: Getting SMBs Started with AI. View More. If you need to terminate an employee, diversify the risk by getting a second person involved in the decision, he advised. Laws change in a moment. var currentLocation = getCookie("SHRM_Core_CurrentUser_LocationID"); You also have the option to opt-out of these cookies. Then have HR evaluate the information once or twice a year to see whether the rules are being enforced equally., Burak suggests taking Johnsons advice one step further. Your access of/to and use Alabama State Bar rules require the following: "No representation is made that the quality of the legal services to be performed is greater than the quality of legal services performed by other lawyers.". Keeping policies updated ensures that they are still relevant. Many employers implement processes for employees to voice their concerns about the workplace. Your companys discipline policy should explicitly state that employees work at will and may be fired at any time, for any legal reason. At the time, the 2015 policy statement was relatively uncontroversial. 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. Security enforcement management gives administrators the capability to set policies and to have them enforced remotely. Sounds like trouble and a potential lawsuit. It can negatively affect employee morale, lead to higher employee turnover rates, and create contention among co-workers, among other things. The information provided on this site is not legal Find the latest news and members-only resources that can help employers navigate in an uncertain economy. When managers dont get performance evaluations done on time or dont carefully consider what they write, employees get upset and feel unappreciated, he said. For example, employers could have to reveal disciplinary actions as a result of a subpoena or during the discovery process in a lawsuit. They ensure compliance with laws and regulations, give guidance for decision-making, and streamline internal processes. Written by Abby Nash on September 20, 2021. Neither members nor non-members may reproduce such samples in any other way (e.g., to republish in a book or use for a commercial purpose) without SHRMs permission. Money: Filing a Complaint with HR Can Be Scary. Please try again. 2. This will help management enforce policies consistently, lessening the chance of real or perceived favoritism. What if your company inconsistently enforces these policies? Interested in learning more? If rules were applied consistently, this record will demonstrate that the company took the same action against similar employees who engaged in the same behavior. Communicate changes effectively. Inconsistent workplace policies can be frustrating. Otherwise, an employee might argue that the policy created a contract promising that employees would be fired only once they have exhausted every procedure in your companys discipline policy. All rights reserved. 297 Kingsbury Grade, Suite 1180 Stateline, NV 89449 Supplemental Terms. Can I Legally Decline Signing a Performance Appraisal. "Inconsistent enforcement of policies, or no enforcement of policies, is a recipe for disaster for employers regardless of the situation," she said. 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. Social and technological developments over the last decade also require employer response. But opting out of some of these cookies may have an effect on your browsing experience. This means they may quit at any time, for any reason, and your company may fire them at any time, for any reason that is legal. Enforcement of these policies, however, might appear inconsistent, especially to workers in New Jersey who suspect that their gender, race, sexual orientation, age or ethnicity prompted managers to single them out for punishment or termination. We make every effort to keep our articles updated. The employee conceded that he hadnt followed the prescribed procedure for making the deposit. When a case goes to court, he said, My HR professional is always my star witness. You should then appeal the written warning thats still in your file from two years ago. Companies dont have free reign to create any policy they want, but they do have the right to create policies around matters such as ethics, pay, and behavior. 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.