Why Consistency in Employee Discipline and Policy Enforcement Matters

It is a sad reality of owning a business with employees that you will have to at some point, fire those employees. Many businesses are understandably fearful about firing employees for concern that the firing will lead to a lawsuit.

Even though Florida is an at-will employment state, it is true that a myriad of federal and state laws can give disgruntled employees an avenue to sue—even if you have a legitimate reason for firing that employee.

How to Avoid Employment Lawsuits

There is no one guaranteed foolproof way to insulate yourself from employment lawsuits. Disgruntled employees will sue, often with and sometimes without merit.

The real question is what can you do in advance of a lawsuit—even in advance of the firing itself—to demonstrate that you fired an employee for a legal, legitimate reason.

Following Policies and Procedures

Most disgruntled employees who sue will try to say that your “legitimate” reason for firing them, is in fact, a ruse, or a fake, made-up reason to “cover up” the real, discriminatory or retaliatory illegal reason. This is called pretext.

One way to avoid or at least combat against allegations of pretext, is to follow your own policies that relate to investigation of complaints, reprimands, discipline, and firing. Companies that “fake real reasons” to cover up discriminatory ones often don’t follow their own processes and procedures—they jump the gun to termination (or demotion, or whatever other negative employment consequence may be involved).

Put it in Writing

Keeping a written log of problems with the employee—when he or she came in late, a job that wasn’t performed in a satisfactory manner, a work break that lasted too long, etc.—can show that the employee has a history of behavior that warrants discipline.

It will also avoid discrepancy. A hallmark of pretext is that the disgruntled employee is told different things from different supervisors, about why he or she is in trouble, being disciplined, or being fired.

When one supervisor says one thing and another gives another reason, it gives an air of illegitimacy. A written log will allow any and all supervisors to look in a file and give consistent reasons—with dates on them—as to why the employee is being disciplined or fired.

Consistent Enforcement

Certainly, we don’t want to rush to put something negative in an employee file, every time an employee does something wrong. But inconsistency in policy enforcement, also tells a disgruntled employee that perhaps a legitimate reason given for firing is just pretext.

Make sure that if, for example, extended bathroom breaks are not allowed, that every time it is caught, something is done—even if it’s just a talk with the employee. That way, you look like a company that takes its rules and policies seriously, and thus, is punishing an employee for good, legal, and legitimate reasons.

Let the West Palm Beach business litigation lawyers at Pike & Lustig help answer your employment or labor law questions or handle your employment law case.

Source:

forbes.com/sites/ericbachman/2019/07/02/when-is-an-employers-reason-for-firing-you-actually-a-pretext-for-age-discrimination/