Is it legal for my employer to put a policy into affect and count infractions that occurred before the policy went into affect?
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Is it legal for my employer to put a policy into affect and count infractions that occurred before the policy went into affect?
My employer has just changed our sick leave and tardy policies from infractions
being dealt with on a case by case basis to a progressive discipline model for a
year’s worth of infractions. However, they have decided to base it on each persons
anniversary date. So, for example, I am approximately 2 months from my
anniversary and with my infractions I am subject to discipline under the new policy.
They have issued me a verbal warning and advised me that my next infraction will
result in a suspension.
Asked on June 11, 2018 under Employment Labor Law, South Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfair has this may seem, unless this action violates the terms of an employment contract or union agreement, you have no claim here. The fact is that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Unfair has this may seem, unless this action violates the terms of an employment contract or union agreement, you have no claim here. The fact is that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).
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