Probationary attendance
Ruskanen
183 Posts
Is it true that you don't have to have a written attendace policy for probationary employees, and that if you have one, whether to actually term the employee or not can be up to the supervisors's discretion?
I work for a manufacturing company. At a recent supervisor's meeting some vocal supervisors decided that our attendance policy for probationary plant employees was too lenient. So, it was stated (loosely) that probationary employees would get one absence or tardy, then they would be advised that they would be terminated if they were late/absent again. OR, it would be up to the supervisor's discretion if they wanted to keep the employee in spite of their attendance record. Because we don't have anything in writing, and everyone interpreted this in their own way, we have plant employees who were termed after being gone one time, or after two and a half times. I'd like to get something in writing and have the policy apply to everyone equally across the board. The Plant Manager is saying that we don't have to have an attendance policy in writing for probationary employees nor do we have to treat everyone the same, and while an employee is in their probationary period we can fire them whenever we want. Is that right?
I work for a manufacturing company. At a recent supervisor's meeting some vocal supervisors decided that our attendance policy for probationary plant employees was too lenient. So, it was stated (loosely) that probationary employees would get one absence or tardy, then they would be advised that they would be terminated if they were late/absent again. OR, it would be up to the supervisor's discretion if they wanted to keep the employee in spite of their attendance record. Because we don't have anything in writing, and everyone interpreted this in their own way, we have plant employees who were termed after being gone one time, or after two and a half times. I'd like to get something in writing and have the policy apply to everyone equally across the board. The Plant Manager is saying that we don't have to have an attendance policy in writing for probationary employees nor do we have to treat everyone the same, and while an employee is in their probationary period we can fire them whenever we want. Is that right?
Comments
That doesn't mean that probationary employees can't be held to a higher standard -- they can be. It is perfectly acceptable for an employer to consider the fact that an employee has been working at the company a while in determining whether to discipline or terminate.
However, all probationary employees should be treated equally to each other.
For example, if one probationary employee (say a female) gets fired after one absense, and another probationary employee (say a male) is allowed two or three absenses, the female could sue the employer for sex discrimination. This would be a hard case to defend, and the defense of a different supervisor would seem a bit weak.
So in dealing with probationary employees, the employer needs to make sure that discipline is consistant. Attendance requirements should be the same across the board for probationary employees.
Generally speaking, you can probably fire any employee at will (unless you have a union agreement or contract which will require good cause) so long as you don't fire them for an illegal reason. The same "illegal reasons" apply whether or not the employee is called a "probationary employee."
Good Luck
Theresa Gegen
Texas Employment Law Letter
For an at will employer, the employee is at will the whole time. So the purpose of probationary is to take a good look at the employee and see if it is a good fit. Usually, an employer will have a face to face review at the end of the probationary period, and terminate the employee if it is not working out.
For a union employer, or an employer with employees that have job rights (like the government), the probationary period is much more meaningful, because the "good cause" termination rights don't attach until after the probationary period.
However, a probationary period is not a "free for all" for the employer. The employee still cannot be terminated for an illegal reason.
Good luck
Margaret Morford
theHRedge
615-371-8200
[email]mmorford@mleesmith.com[/email]
[url]http://www.thehredge.net[/url]
The problem with a "probationary period" is that so many managers believe that it is a free for all. The goals for the introductory or orientation period should be clearly spelled out to managment. I also agree that a short period of 90 days is plenty for most jobs.