Four Things To Consider Before Disciplining Your Employee
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Four Things To Consider Before Disciplining Your Employee
To discipline or not to discipline, that's the question. While a sizeable number of managers feel that disciplining employees is part of a working environment, others abhor it. Either way, employees should be accountable for their actions, performance, behavior and productivity. However, the courtroom places certain proof on employers o show that any disciplinary measures handed out to their employees are fair, and they follow the book. Although this sounds or looks easy, it isn't the case most times.
The rule of law states that employers must ensure they are not disciplining employers for acts that are covered by law. Secondly, employers must ensure that any disciplinary act is not/will not be seen by any court as discriminatory in nature. The following are four essential questions you must ask yourself to get a better perspective of things.
Understanding what you can/cannot discipline your employee for
Wage discussion with other employees
Lots of employers prohibit employees from discussing their wages/salary with other employees. There is some work environment that bans such conversations between employees. Although this might seem harmless, it is actually against the National Labor Relations Act (NLRA). Employees can discuss terms of their employment (this includes wages and salaries) with other employees under the NLRA. Thus, disciplining an employee for having wage/salary discussion under the NLRA isn't illegal.
Reoccurring absences even under the protection of the Family Medical Leave Act (FMLA)
The way employers enforce their non-FMLA leave police isn't governed the FMLA. So, you should be careful to know which leave you can punish. If an employee's leave is covered by the way disciplining your employee would the law, and you put yourself in great risk.
Unauthorized overtime
Some employers prohibit unauthorized overtime and enforce specific disciplinary actions on employees who work overtime. This action is to discourage such employees from engaging in such acts in the future. One of the disciplinary actions employers take is not paying employees who work unapproved overtime an overtime rate. If you do that as an employer, you risk facing the wrath of the Fair Labor Standards Act..
Drug test after a workplace accident
As employers, OSHA prohibits employers from using the drug test route to punish an employee for an accident in the workplace or even an illness. The rule of thumb is that employers can carry out post-incident drug testing if there is a strong indication that the employee in question would have used drugs in the cause of their accident. Other than that drug testing could put you at the risk of a retaliation claim.