Company Policies
hr92175
65 Posts
I need to make some revisions/additions to our current policy manual. My boss, the COO, wants the policies to be flexible enough so we can still determine things on a "case by case basis." I know not everything is black and white, but I honestly believe consistancy in our actions will help keep us out court. Your thoughts?
Comments
Have to agree with you, excessive needs to be defined. So many people are "sue happy" and think they are a protected class. Without a definition, I wouldn't want to go to court and explain why 14 absences for 25 year old John Smith is not excessive, but 6 absences for 51 year old Jesus Ramirez is. You might be able to make it work under a good progressive discipline policy, but case by case still scares me.
Just be careful that you are not discriminating while looking at each case individually.
I also agree that some rules are not written in stone and with good documentation exceptions can be made. You do not, however, change the rules, you just make an exception to the rules in certain cases.
One example would be if an employee got cancer and had to have chemo treatments than that employee should be an exception to the rule and should not be terminated for excessive absences.
Another example might be a parent with a child with a life threatening disease like leukemia. That mother or father should not be terminated because of excessive absences.
Now if an employee is gone because they just do not want to come to work or because they oversleep, party too much the night before, or some other unreasonable reason than they should be terminated.
I think the rule should stand and if an exception is made to the rule than it should be documented in the files that an exception was made and the purpose for the exception.
Shirley
It may be helpful to get some documentation together to show your boss regarding caselaw where consistent application of policies was an employer's saving grace, while other companies who did not consistently apply policies ended up with the short end of the stick.