inconsistent enforcement of company policies
Its critical to explain to managers why your company policies and procedures are important. 1990)). Social and technological developments over the last decade also require employer response. Suppose the company has a sexual harassment policy setting out procedures it will follow when an employee brings a complaint. You should state actual company practices, not a wish list, adds Linda Johnson, a partner and chair of the employment law practice in McLane, Graf, Raulerson & Middleton, New Hampshires largest law firm. Policies have to be changed to reflect changes in the law and changes in society.. 8. Consistent enforcement would not benefit OP in any way, and so the only concern is fairness across the whole community. 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.. 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. For more information on Martindale-Hubbell Peer Review Ratings, please visit our Ratings Page on Martindale.com and our Frequently Asked Questions. }); if($('.container-footer').length > 1){ For information regarding a specific legal issue affecting you, pleasecontact an attorney in your area. Inconsistent Administration The keys to consistent and fair administration of workplace policies are training and accountability. SHRM's HR Knowledge Advisors offer guidance and resources to assist members with their HR inquiries. The information provided on this site is not legal 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. Employment Lawyer: I Was Fired and My Employer Won't Give Me My Final Paycheck: What Should I Do? All Rights Reserved. ORLANDO, FLA.Want to know how to avoid lawsuits against your organization? Urge managers to call HR, the professional conflict-resolvers, because unhappy employees sue.. A policy that made sense to add at one point may lurk around long after it has stopped serving a business purpose. For an employee to successfully claim discrimination or harassment, they must prove they were treated differently than their colleagues. (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.). This evidence will go a long way in defeating a discrimination claim. However, this rule was not enforced. Conversely, when managers want to fire someone, but their evaluations have been glowing, its hard to explain to a jury. Even after this, Hexcels enforcement of the no-sleeping rule was inconsistent. No surprises. Thats what HR professionals should drill into managers and supervisors, he said. ake 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. Keeping policies updated ensures that they are still relevant. Lawyers from our extensive network are ready to answer your question. 9. You have successfully saved this page as a bookmark. The content of the responses is entirely from reviewers. The company began to enforce this policy in 1996, when plant manager John Dickson ordered all employees to clock in no earlier than 15 minutes before their shifts began. But if the accused is a higher-level person, they dont follow it, she posits. Failure to document. Inconsistent enforcement of company policy is not only unfair, but it can also be grounds for legal action. Worse, if they are enforced unevenly among employees, they can become tools of destruction. Tax Season Special! Inconsistent enforcement opens the door for the employee's attorney to . 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. 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. Moreover, being consistent does not necessarily mean that an employer must always treat similarly situated employees the same. Documentation will make it easier for managers to catch inconsistencies before they become a problem. Kohler's personnel policy did not permit clocking in and out at unauthorized times without a foreman's permission. Reynolds, who is black, admitted that he had done so, but he informed the human resources director that white employees were doing the same thing. This alert is a periodic publication of Ballard Spahr LLP and is intended to notify recipients of new developments in the law. 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. Reynolds was supposed to work from 7:00 a.m. until 3:30 p.m. In addition, the exact parameters of the no-sleeping rule were not clearly established. 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. Members can get help with HR questions via phone, chat or email. But the employee said that he frequently didnt follow the policy and that his immediate supervisor acquiesced in his violations. | Last reviewed March 26, 2008. Having access to HR experts is the best way to ensure your company is enforcing its policies consistently. $("span.current-site").html("SHRM MENA "); But, what if your company doesnt enforce these policies? Support your claims with side-by-side comparison of the the company policies that appear confusing, contradictory and inconsistent. When youve investigated an employees complaint and reached a decision, let the worker know how it turned out. You should then appeal the written warning thats still in your file from two years ago. All Rights Reserved. Inconsistent enforcement opens the door for the employees attorney to allege discrimination, Zandy said. The email address cannot be subscribed. 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. Have employees in more than one state? $('.container-footer').first().hide(); Bad evaluations drive settlements, Zandy said. Please try again. The employee conceded that he hadnt followed the prescribed procedure for making the deposit. All terms and conditions of the Loan Agreement not inconsistent herewith shall remain in full force and effect and are hereby ratified and confirmed by Borrowers. else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Work with a proactive attorney to review your handbook every two years or so, Johnson recommends. It is vital that Utah employers draft clear policies that are consistently enforced. Having well-written employment policies is a good thing, but it is only half the battle. Failure to be thorough on performance evaluations. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Some employees violated the rule, but were not terminatedor even disciplinedfor their infractions. One way to do this is to keep detailed records of policy enforcement. In December 1997 Kohler's human resources director met with Reynolds to discuss his clocking in and out early. Enforce Rules Consistently Favoritism often rears its ugly head in the inconsistent enforcement of company policies and rules. 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. The plaintiff, John Reynolds, was terminated on January 6, 1998, purportedly for not clocking in at the correct time. 89-362 (D.C. Cir. Its easy to see why a manager wouldnt enforce an antiquated, useless policy. Under the National Labor Relations Act (NLRA), employees have a right to engage in protected concerted activity. Not only does inconsistent enforcement of company policies around pay damage morale, it also violates the law. 16 Sheharizadian 8 mo. ago It is also important to note that an increased level of transparency from Twitter about the reporting process benefits all users on the platform. 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. Please purchase a SHRM membership before saving bookmarks. Mr. Pickard requested that Hexcel accommodate his injury by allowing him to work eight-hour shifts, instead of his normal 12- hour shift. Having good policies, and enforcing those policies, promotes efficiency and high morale among employees. 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. 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. 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. While managers might consider rules and procedures surrounding pay to be a pain in the neck, they need to know what could happen if the company faces a lawsuit or a U.S. Department of Labor audit. Companies will tell me, He was the owner, he said he didnt do it, and that was good enough for us. How does that look to a jury? Managers should also be careful when they speak to employees about discipline. 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. (a) After a final decision on the merits has issued and before imposing the sanctions and penalties described in paragraph (d) of this section, the Director of OLMS will consult with the affected contracting agencies, and provide the heads of those agencies the opportunity to respond and provide written objections. Now, imagine the employee who was sent home is part of a protected class? Stateline, NV 89449 For small businesses, most work rules will be optional. Employment Lawyer: I Reported Harassment at Work. You should endeavor to address misconduct as soon as possible. Under company policy, employees were not allowed to clock in or out at unauthorized times without a foremans permission, but, in fact, employees frequently did so without repercussions. One manager doesnt enforce it. Please note that all such forms and policies should be reviewed by your legal counsel for compliance with applicable law, and should be modified to suit your organizations culture, industry, and practices. Before jettisoning a rule, make sure that the real problem isnt employees outdated perceptions of a policy that would be useful if it were uniformly followed. Virtual & Las Vegas | June 11-14, 2023. The EPAs definition of pay covers all forms of compensation, including bonuses, vacation and holiday pay, overtime, gas allowances, benefits, and reimbursements. To prevent any inconsistencies stemming from old policies, our clients always have access to the most up-to-date version, which they can find in a centralized location accessible from anywhere in which they can access the web. 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. In the recent decision in Hexcel Corp. v. Lab Commission, the Utah Court of Appeals affirmed a decision by the Utah Labor Commission that Hexcel was liable for discrimination and/or retaliation when it fired an employee because of his disability and related request for accommodation. She holds a Master of Arts in sociology from the University of Missouri-Kansas City. Keep a copy of your employee handbook handy and document any departures from the written policies so you have proof of inconsistencies that you can illustrate to your supervisor or to the human resources department. Learn how SHRM Certification can accelerate your career growth by earning a SHRM-CP or SHRM-SCP. Work rules protect your business and your workers, and if correctly implemented and executed, they create and maintain a better work environment for all. $("span.current-site").html("SHRM China "); Can I Legally Decline Signing a Performance Appraisal. They also reviewed a white employee's time cards and found that his clocking activities were substantially similar to Reynolds. Im never quite sure what theyre going to say.. The Commission determined that Mr. Pickard had made out a prima facia case of discrimination on the basis of his disability, and that Hexcels allegedly nondiscriminatory basis for firing him based on the no-sleeping rule was pretextual, because the rule was incoherent and inconsistently applied. 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. During the six years of his employment, company attendance policies and practices changed several times. 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. Hexcel never put these evolutions and modifications of the rule into writing. Why? Interested in learning more? Your company develops policies as a way mitigate risk and ensure operational excellence. How upper management deals with workplace harassment sets the tone for the company culture, and inconsistent enforcement of company policies is a slippery slope to a toxic environment. The law forbids discrimination in every aspect of employment. Inconsistent enforcement of company policies can be extremely frustrating. When managers dont get performance evaluations done on time or dont carefully consider what they write, employees get upset and feel unappreciated, he said. Prior results do not guarantee a similar outcome and Martindale-Hubbell accepts no responsibility for the content or accuracy of any review. Sounds like trouble and a potential lawsuit. Give managers just enough information so they know when to contact the HR team, which has a detailed knowledge of leave laws. We make every effort to keep our articles updated. After the injury, his doctor recommended that he not stand, sit, or walk for extended periods. In fact, the EEOC offered evidence that four other Kohler employees violated similar policies and either were not disciplined or were disciplined with less severity. The Utah Court of Appeals affirmed, finding that the Commissions determination was supported by substantial evidence and was not clearly erroneous. These policies are essential for a company to thrive; not only does a focus on DE&I foster a safe working environment (which should be reason enough), but diverse workplaces also have proven benefits from a business perspective. In this case, the court said there was no evidence of the manner by which the employer monitored and enforced compliance with the cash-handling policy, so the employer was unable to carry its burden of proving that the employee was discharged for willful violation of the employers rules (Freeman v. District of Columbia Department of Employment Services, No. Your policies tell both the company and its employees what is expected of them and what procedures will be followed when policies are violated. To start, managers could be working off of different versions, leading to inconsistent enforcement of company policies by mistake. People who submit reviews are either individuals who consulted with the lawyer/law firm or who hired the lawyer/law firm and want to share their experience of that lawyer or law firm with other potential clients. Inconsistent enforcement of company policies happens when policy development exists separately from training In business, policies sit at the intersection of laws and other regulatory issues and employee conduct. Contact us. Your company will lose the court case every time. It makes sense that HR consult with a lawyer on these changes, or get some legal education, Bogas says. Be fair. (b) If the contracting agency provides written objections, those objections . } They ensure compliance with laws and regulations, give guidance for decision-making, and streamline internal processes. Compliance One of the major issues with inconsistent policy and procedure documentation is the compliance risk it creates. For example, assume your handbook says employees disciplinary actions will be removed from their employment files one year after the date of the incident. Thats because realworld practice often ends up trumping languishing handbook policies in court. When Kohler confronted Reynolds about these infractions, he said that he was being singled out because he was black. Martindale-Hubbell validates that a reviewer is a person with a valid email address. When employees are treated differently from co-workers, they attempt to deduce their employers motive in doing so. They think theres a protective layer around the higher-ups, she adds. Because you have a policy but you are not following it. Here's the Best Way to Do It, HR Steps to Take If an Employee Appeals Termination, How to Investigate a Claim of Racial Discrimination in the Workplace, How to Write an Appeal Letter Against a Grievance at Work. 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. Does Your Employee Handbook Compromise At-Will Employment? Luckily, there are a few steps businesses can take to ensure that the policies they make are enforced fairly. Companies who consistently apply workplace policies to similarly situated employees are less likely to face and lose discrimination claims. Request a demo of ComplianceBridge today! 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. As the Court noted, "Kohler's lax enforcement of company policies and employee discipline, however, undermines its reasons for Reynolds discipline and termination.". Keeping policies up to date helps ensure that the policy is doing what its supposed to protecting the company and those working for it. Speak to your supervisor in a respectful, non-confrontational manner. She is a member of the Human Resource Association of Central Connecticut. Please purchase a SHRM membership before saving bookmarks. It concluded that in granting Mr. Pickard damages for lost wages, plus the funds he had to withdraw from his savings accounts to compensate for these lost wages, the Commission had given him an impermissible double recovery.. Mention the date, subject matter, the applicable policy, employees involved and additional details concerning application of company policy. Managers who fire off angry e-mail messages to their staff should understand that they might be called to the witness stand to explain their messages, he said. Learn more about FindLaws newsletters, including our terms of use and privacy policy. These ratings indicate attorneys who are widely respected by their peers for their ethical standards and legal expertise in a specific area of practice. Teach them about the companys equal employment opportunity and anti-harassment policies. Find the latest news and members-only resources that can help employers navigate in an uncertain economy. Worse, if employees have the wrong version, they could end up blindsided by a policy they thought they understood. Not only does inconsistent enforcement of company policies negatively impact the culture, but it also opens the doors for lawsuits against the company. document.head.append(temp_style); You may be trying to access this site from a secured browser on the server. Employers should document every actions taken against employees. A few months after the company denied Mr. Pickards request for accommodation, he was caught sleeping in a company truck during a brief break and was fired. Your access of/to and use var temp_style = document.createElement('style'); Use whatever means is most effective, including multiple means such as posting fliers, distributing handouts and sending emails that will bring the change to the attention of all employees. The employer consistently enforced the rule. When people understand why a rule is in place, theyre more supportive, says Hanna Hasl-Kelchner, an attorney and author of The Business Guide to Legal Literacy (John Wiley & Sons, 2006). Can a Union Employee File a Charge of Wrongful Termination? else if(currentUrl.indexOf("/about-shrm/pages/shrm-mena.aspx") > -1) { Security enforcement management gives administrators the capability to set policies and to have them enforced remotely. Kohler did terminate Reynolds, but never investigated whether the white employee was doing the same thing that Reynolds was doing. One way written policies help is by ensuring supervisors and managers are responding to similar situations the same way. We are using cookies to give you the best experience on our website. The Purpose of Company Policies It is a good business practice for employers to establish clear and reasonable policies and follow those policies consistently. Copyright 2023 by Ballard Spahr LLP. Employers who carelessly and inconsistently apply workplace policies are more likely to have employee file employment claims against them and more likely to lose those claims. Then, theres the policy thats lain dormant for years and suddenlylike the ghost of Elvisis sighted. 63% of organizations say their policy management program helps reduce legal costs and resolution time of regulatory issues and fines.
