When an employee is terminated because of failure to adhere to company rules or policies, a business may be subject to a discrimination lawsuit. This may occur if the employee claims that the infractions were illegitimate or that they were not enforced uniformly among all offenders. The employee may legitimately feel that discirimination was the determining factor in their dismissal, or they may have motives that range from retribution or financial gain. You can protect your business from these issues by adhering to some simple practices that deter discrimination before, during, and after offenses occur.
Make company rules and policies clear from the start.
Ambiguous or poorly defined rules and punishments allow for misinterpretation or outright flouting of company rules. For example, the use of the phrase "may result" in a specific punishment for a specific action leaves room for uneven and discretionary enforcement. Clear penalties for specific violations must be clearly stated in pre-employment handouts, which must be read by every prospective employee, who must then sign and date an agreement that the rules and penalties have been presented and are clearly understood.
Enforce all rules and policies, without exception, as they occur.
Employers or management staff must be vigilant in enforcing rules and policies with uniformity, regardless of their relationships with employees or the perceived value of an individual employee to the company. Punishment for infractions, especially official verbal warnings, should be given with a witness present, who will sign a statement that the verbal warning was delivered.
Keep accurate records for possible future litigations.
It is important to be able to produce documentation that can provide specific dates and times when infractions occurred, not only for an employee that initiates a discrimination lawsuit, but also for other employees who have committed similar infractions. This allows a business to show a pattern of even and consistent enforcement.
For instance, issues with lateness and absenteeism, which are frequent causes of employee termination, can be documented with special software, provided by companies like SmartLinx Solutions LLC, that keeps an accurate record of employee attendance and hours worked. The best time and attendance software will not only ensure that employees get paid for every hour worked, but can also be programmed to spot infractions and alert human resources managers in a fair and impartial manner when violations of company rules concerning lateness and absenteeism occur.
Although it's never pleasant to terminate an employee, rules must be followed uniformly and without discretion if employees are to be treated equally and fairly under the law.
Share8 March 2016
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