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Should we make an exception??

jdnjdn 39 Posts
in HR & Employment Law Vote Up0Vote Down
Several months ago we implemented a policy to handle our excessive absenteeism. Those individuals that were affected were spoken to and were asked to sign a "Final Letter of Warning" stating that one more incident of going over PTO would result in termination.
We have an individual that is a valuable asset to the company, but has an attendance problem. This individual had been improving, but recently has gone over PTO. We talked to her on Friday, and let her know we would allow her to make up her 8 hours on Saturday. It has just come to my attention that she only worked 4 hours on Saturday, therefore making her over PTO by 4 hours. She is currently working on a high priority project and letting her go at this time would put a wrench into the goal we are trying to achieve. Any suggestions on what to do, or is it obvious that we should be letting her go?
Thanks.
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Comments

  • 9 Comments sorted by Votes Date Added
  • ray aray a 5,703 Posts
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    Well, you drew a line in the sand when you had ee's sign that letter and it stated just one more infraction means termination. How serious were you? You let this person get away with it but fire someone else for the same reason and they take you to court claiming discrimination. What will a jury say? What will be your defence?

    One more angle. What will you do if that ee walks in tomorrow and quits? Will your company fold or will you do what you have to do to cover the loss? Quit or fire, either way you can't make them indispensible.
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  • joanniejoannie 2,294 Posts
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    From the information you have given, it appears this person could be testing you. If you make an exception for her are you willing to make an exception for everyone else? Are there any reasons, such as as serious health condition and FMLA, that would make a difference? If the answer to both of those questions is no, then terminate.
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  • MsferraMsferra 25 Posts
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    I agree with the others -- she is probably testing you. Why would you implement a policy and make an exception? What is the point of having a policy if employees know it can be broken? You would send a powerful message to all employees by letting her go per your policy.
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  • drehildrehil 207 Posts
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    I'm sure your tired of hearing it...but why would you make a policy your not willing to stand behind or want to make exceptions to the first time it comes into play. I feel your pain with the staffing and project completion, but if you don't term this ee you will be setting yourself up for failure. Test or no test, I'm sure attendance is the easiest part of her job. Have you analyzed her absences to make sure FMLA does not come into play? Other than that I would say stand behind your policy.
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  • ritaanzritaanz 2,665 Posts
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    Where was the supervisor on Saturday that let her leave? I am guessing that the supervisor was told she was coming in to work to make up her 8 hours. If she told him she was leaving after 4, he should have said something to her at that time.

    By the way, I think it was very generous of you to let her make up her time in the first place.
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  • jdnjdn 39 Posts
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    Thank you all for your responses. I knew what needed to be done, but was trying to see if anyone came up with support for the 'other side'. I am up against some resistence from the administrator who is rightfully worrying about the project. I know how difficult life will become if we let this one slide. All credibility will be gone. Wish us luck this afternoon!
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  • mbeammbeam 258 Posts
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    You've probably checked into this already but was she working independently on Saturday? Wondering if there was approval for her to leave after 4 hours or if there was some pressing need that came up preventing her from working the full day.

    Since you know it will be a hard meeting already and don't have everyone in favor of going this route, would get as many details in advance and head off counter-arguments.

    Good luck!
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  • hrdilemmahrdilemma 154 Posts
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    Personally I agree with the majority regarding a policy infraction. Once you break your only policy you might as well remove it from the handbook and it alway happens this way, it's someone you hate to loose.

    However with the extension of allowing her to make up the hours on Saturday I'm assuming this day was still in the existing pay period and if so maybe you still have time to allow her to make up the other 4 hours. But once you have allowed her to make up in the same pay period the hours she has drawn over her PTO this will also have to be allowable to all other EE's even if you don't want a particular one to have the opportunity. It must be applied fairly. Good Luck!
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  • SystemSystem 5,885 Posts
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    Absolutely not! If you do not apply the policy consistently, it is useless.
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