company policy and regs HELP
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If a reg or policy is in the company manual do ER have to follow it the same as an ee does? For instance if a reg. quotes that ee has to follow all federal and state laws does the same go for ER? Problem is the ee contract states that all federal, state, company policy and regs have to be followed and ER used one of them to terminate ee. EE is now using same policy manual back at ER for not following own regs. which lead to ee being termination. How much trouble are we in for not following our own policy and regs? Help!! x:-/
Comments
Good luck!
If the employee reported the employer's violations of law and regulation to an appropriate agency, and then the employer fired the employee, the employee could claim "retaliation on a whistleblower" if your state has such legislation (assumng no federal funds are involved).
If the employer violated its own policies in terminating the employee, it is possible for a court to conclude that the employer acted inappropriately since it could consider the policies to be a form of "agreement" between the employee and the employer controlling the basis, timing and/or procedure for separation.
If the concern is simply related to company policy, you should concern yourself with potential lack of consistency. If the employee in question is a member of a protected class, you need to be concerned about disparate treatment. For example, if other employees have been given breaks under the attendance policy and they are not in a protected class, but those in protected classes get no breaks, then there are potential problems.
You company needs to get a grip on this issue by getting a better focus on all HR matters above and beyond hiring people. I can only imagine what the turnover rate must be with 4000 employees.
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