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Old 07-09-2012, 07:32 PM   #1
Gabrielles blades
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Default policy enforcement

So,
i was wondering if its legal for a company to have bosses who only enforce policy when they want to get rid of someone; at all other times policy is ignored.
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Old 07-09-2012, 11:27 PM   #2
Seraph
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Default Re: policy enforcement

Assuming the employee is in an at-will state, and isn't a member of a collective bargaining group (i.e. union) employers aren't under any obligation to enforce workplace rules in a way that is fair. However, if they are using poorly enforced rules as a pretext to fire someone for a reason that wouldn't be legal (i.e. because that person is a member of a protected class) then the employer could be open for problems. In addition of the employer is breaking a defined length employment contract, or attempts to block unemployment, then the employee could have a good argument in terms of getting benefits.
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Old 07-10-2012, 01:24 AM   #3
Memnoch
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Default Re: policy enforcement

More info if possible please! Makes it easier to answer the question.
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Old 07-10-2012, 12:24 PM   #4
Gabrielles blades
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Default Re: policy enforcement

1.5 years ago, they kept track of punch in/punch out and made sure it matched the schedule as well as keeping track of mistakes employees made no matter how minor.
they did it for approximately 1 month, until 1 employee - the one they wanted to get rid of (white male), had enough of the constant strict style of management and asked for a transfer to a different department. Immediately afterwards the tracking stopped. Until now that is; there is a hispanic employee - who was there at the time last time, who is now suffering the same nit picking. She has been told that if she comes in late 3 times according to policy she will be fired.
For a period of 3.5 years before the 1.5 year 1 month long incident there was no tracking like this observed. It only occurs when they for whatever reason do not want an employee any longer.
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Old 07-10-2012, 02:36 PM   #5
Firestormalpha
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Default Re: policy enforcement

With the given examples, it doesn't seem to be a matter of target any specific people group. Assuming your are located in Florida, the state of Florida is an at-will employment state, so if management wants to be rid of an employee, they are only bound by company policy, and of course civil rights/equality laws. But legally speaking, in the state of Florida, an employee doesn't need to give any reason for letting someone go.
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Old 07-12-2012, 06:36 PM   #6
Memnoch
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Default Re: policy enforcement

Quote:
Originally Posted by Gabrielles blades View Post
1.5 years ago, they kept track of punch in/punch out and made sure it matched the schedule as well as keeping track of mistakes employees made no matter how minor.
they did it for approximately 1 month, until 1 employee - the one they wanted to get rid of (white male), had enough of the constant strict style of management and asked for a transfer to a different department. Immediately afterwards the tracking stopped. Until now that is; there is a hispanic employee - who was there at the time last time, who is now suffering the same nit picking. She has been told that if she comes in late 3 times according to policy she will be fired.
For a period of 3.5 years before the 1.5 year 1 month long incident there was no tracking like this observed. It only occurs when they for whatever reason do not want an employee any longer.
Unfortunately as Firestorm said it depends on the labour laws governing your state. Timber might know more but my understanding is that at will employment basically means they can hire and fire as they choose, for whatever reason.
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Old 07-13-2012, 12:49 PM   #7
Gabrielles blades
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Default Re: policy enforcement

they can hire and fire as they choose, but can they ignore company policy except when they feel like using it?
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Old 07-13-2012, 01:39 PM   #8
Elif Godson
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Default Re: policy enforcement

if it can be proven that they are ignoring policy and targetted her unfairly she has a leg to stand on in court if she wishes to, but the company can pretty muchdo what it wants, when and how it wants. Welcome to the right to work "state" of mind!
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Old 07-14-2012, 11:04 PM   #9
Bungleau
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Default Re: policy enforcement

*note: I ain't no lawyer. I don't even play one on TV. YMMV. DSMIHNMA.*

If this kind of selective enforcement can be documented and proven, then it puts the company in a bad position. If legal action is pursued, this behaviour effectively negates the policy and opens up the company for discrimination charges. What that means, I don't exactly know... lawyers in the appropriate state would have a much better idea.

All I can say is that a conversation with a friendly consumer affairs reporter from a local station may prove... enlightening. And leave the company with some hard questions to answer on air.

Quote:
R: So is it normal practice to ignore policies until there's an employee you want to get rid of, then follow them slavishly, and then ignore them again when that person leaves?
C: Well.... ermmm... it's not like that.
R: So when do you decide which policies you want to enforce? Does it change every month? Week? Year? Hangover?
c: No comment.
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Old 07-15-2012, 12:44 AM   #10
Firestormalpha
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Default Re: policy enforcement

The root of the problem is that discrimination is extremely difficult to prove, especially in such an indirect manner. It's hard enough to prove that your boss said you were fired because you're the wrong religion, political party, sexual orientation, gender, or nationality. Typically because you aren't thinking ahead of time, "I'd better record this, I think they're going to fire me for a discriminatory reason." And far more often because most employers are smart enough not to express such a reason. Not that it can't be proven, but you'd need records of the events, corroboration by witnesses, etc. Discrimination isn't an easy case to make.
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