Employers ensure that candidates and employees understand that employment in the company is done at will. Employment at will means that the employer has the right to terminate the employment relationship at any time, for any reason or no reason, with or without notice. Employees have the same rights to terminate the employment relationship. The doctrine of unlimited employment is often misunderstood as federal law; However, this is simply a common practice doctrine that employers adhere to with respect to management discretion when the company fires employees. Some employers have formal disciplinary policies, such as progressive disciplinary measures, where employees receive two to three warnings for poor performance, violation of policies, or misconduct in the workplace. If the employee exhibits the same behavior or actions for which he has received disciplinary warnings or attributions, the company may decide to dismiss him. Employers are invited to apply the same disciplinary procedures in all cases, failing which they could be accused of unequal treatment. For example, if a department head dismisses an employee because he or she has been absent from work for three consecutive days, another department head gives the employee a written disciplinary warning that would likely be defined as unequal treatment because department heads have inconsistent discipline and dismissal practices. No federal law can determine how employers should apply their disciplinary procedures.
However, some laws require employers to consistently apply disciplinary rules, regardless of the situation of the department or employee. The most basic rule is that unless the employer is composed of a single person, no employment decision should be made by a single person. In a large organization, all terminations should be reviewed objectively by a department head or human resources manager who does not have a direct reporting relationship with the employee whose employment relationship is terminated. In a smaller organization, at least one other manager should review the reasons for the dismissal and approve the dismissal decision. Workers are protected from discrimination in the workplace by various laws, including Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, and the Americans with Disabilities Act of 1990, to name a few. These and other federal laws, including state and city laws, protect employees from discrimination based on their age, gender, religion, disability, etc. Some of the ways discrimination can occur in the workplace include acts such as harassment, denial of opportunities and payment of lower wages. Another way discrimination can take place in the workplace is through worker discipline. The National Labour Relations Act prohibits the discipline and dismissal of workers depending on whether or not the employee is a union supporter. During a union representation campaign, employers and unions are bound by certain laboratory conditions during the six-week period preceding a union election.
During this period, the NLRA explicitly prohibits employers from disciplining or firing an employee simply because they are in favor of union support, or even if they are not in favor of union support, if the employer actually welcomes union representation. You may think that there is nothing you can do to resist discipline at work that you think is bad, so you may think that you have to accept the damage it has done to you. However, these behaviors and actions are not something you should deal with in the workplace. If you believe you have been subject to illegal disciplinary action, you may need the assistance of an employed lawyer. Unfair discipline on the part of an employer can result in significant harms, such as: loss of wages and benefits, in addition to the emotional pain and suffering you may be experiencing. Businesses subject to the Family Medical Leave Act cannot discipline workers who have taken leave from work under the Act. Your company must have at least 51 employees and maintain this level for at least 20 weeks per year before the law comes into force. The Rights to Employment and Re-Employment in Uniformed Services Act 1994 protects the employment of deployed military personnel. Under this law, it is illegal to dismiss a member who will soon be seconded if the only reason for dismissing him is to prevent him from having to be hired as required by law upon his return. Discipline and dismissal of employees are never easy or enjoyable tasks for the employer, but the way they are managed can have a huge impact on whether the employee takes legal action against the employer and, if so, on the success of such a measure.
Even unfounded claims from disgruntled former employees require costly legal defense and disrupt the employer`s operations. While you can suspend or fire most employees at will, you must take all disciplinary action fairly for all your employees. For example, you can`t discipline female employees harder than men. Federal law requires you to disregard your employee`s nationality, gender, religion, or race – Title VII of the Civil Rights Act of 1964 – if you determine the right discipline for violations. The Americans with Disabilities Act prohibits you from disciplining people with disabilities differently, and you can`t discipline a person with a disability for the shelters you need to create so they can do their job. Unfortunately, it may be necessary for you to take disciplinary action or dismiss an employee. There are many reasons why this action can be justified. Nevertheless, it is possible that the adoption of disciplinary measures could give rise to a charge or complaint of discrimination. An employee handbook that sets out your company`s policies is essential to successfully defend your business against allegations of discrimination or unfair business practices.
According to the SBA, your manual should describe your company`s disciplinary procedures, including oral and written complaints, behavioral expectations, attendance guidelines, and compensation. If your company practices progressive discipline where the consequences for the employee are more severe for each violation, your manual should describe the disciplinary phases. It should provide all grounds for immediate termination or suspension to protect your business from illegal termination actions. By consistently enforcing its personnel policies and procedures and following certain precautions, the employer can reduce its exposure to employee employment claims and put itself in the most defensible position when making claims against the employer. Various laws prevent you from selecting employees who report your company for unsafe working conditions or unfair for disciplinary action. The Occupational Health and Safety Act states that employers may not dismiss or punish employees who complain to a government agency, union or even their employer about conditions in the workplace that could harm the health of workers. The Fair Labour Standards Act prevents employers from disciplining or dismissing employees following a complaint filed with the Department of Wages and Hours of Work. However, the employer can still take disciplinary action against an employee for violating company policies. At Bantle & Levy, we know that problems understanding employee discipline can be confusing and that you can have a lot of questions about what you can do to get help. Contact our new York labor rights lawyers today to learn more.
If your employees are not under contract, you usually have the right to discipline them – including terminating their employment – as long as you comply with labor and anti-discrimination laws. Most employees are at will, which means you can fire or fire them at any time and for any reason. The Small Business Administration recommends that all companies have an employee handbook that describes disciplinary procedures. Discover the power of XpertHR employment consulting and best practices with a free trial. You can explore thousands of resources to help you make your HR decisions, increase productivity, and implement your business strategies. Employers must take precautions when disciplining employees and cannot discipline them for any reason when they wish. There is a line where employee discipline becomes unacceptable. Employees need to understand their rights with respect to workplace discipline. Ensuring that managers involved in disciplinary or dismissal decisions understand their responsibilities can help prevent discrimination. Federal labour laws such as the Fair Labour Standards Act of 1938 and the Family Medical Leave Act include regulations on remuneration, working conditions and hours of work, as well as leave without pay.
However, there are no federal labor laws that deal specifically with discipline and dismissal. The Federal Government leaves it to the employer to deal with disciplinary and dismissal matters; However, there are laws to ensure that the process, once initiated, is conducted fairly. Title VII of the Civil Rights Act of 1964, the Age Discrimination Act of 1967 and the Americans with Disabilities Act of 1990 are federal laws that prohibit unfair employment practices. In the context of employment-related decisions, unfair practices may include issuing a disciplinary warning to women and not disciplining men or dismissing someone on the basis of their race or national origin.