Human Resource Blog

Change HR Policy in Colorado

	Benefits
Total Compensation Summary Performance Improvement Plan Performance Appraisal and Review Employee Payroll Status/Change Form Employee Change Form

	Hiring and Staffing
Complete Business Forms Kit CD Form I-9 Employment Eligibility Verification Employment Application Long Form Substance Testing Consent Form Pre-Employment Reference and Background Check Employment Offer/Acknowledgment Receipt of Employee Handbook New Hire Survey

Can an employer change HR policies in Colorado? Our company was recently acquired by a firm based in another state. Yesterday, we received a new employee handbook with entirely new policies. Is this legal? Also, several of the old policies regarding absenteeism haven’t been enforced since the acquisition. Can the new company suddenly begin enforcing the new attendance policies? Or have they set a precedent by allowing too many absences already?

It makes sense that a new employer with its headquarters in a different state would not necessarily adhere to the former company’s policies. There is no reason why it should.

In any case, it is not surprising that something like this has happened. During the changeover to a new payroll procedure, accounting system, staff, and inventory, things may be “misplaced.” In these circumstances, what was “misplaced” was enforcement of the attendance policy. To put it another way, in the middle of an acquisition or merger, “details” may be overlooked. The overlooked “detail” was attendance policy enforcement.

It is true that in a perfect world, the employer would actually have continued enforcing the old policies right up until the new ones became effective. However, as is known, the HR world is no more perfect than any other.

Certainly, there is nothing unacceptable or illegal about a company introducing a new attendance policy. It could introduce any new policy it chose. That applies even if the company had never changed hands.

For example, up until recently, Pete’s employer allowed workers to take 10 days’ worth of absences yearly. Now the company has changed its policy (it does not matter whether it is the old company or a new one), and has let workers know about the change. Henceforth, workers face discipline if they take more than 5 days of absence in a year. That is entirely legal. The employer need not even announce a reason for the change. Companies may choose to set polices regarding everything from benefits to attendance, and may change those policies.

Some states require employers to give workers 7 to 10 days’ notice before changing a company policy, usually if the policy directly affects benefits or salaries and wages.

Companies may not apply policies in such a way that they discriminate. For example, it would be illegal to apply the new attendance policy to Asian workers but allow other workers to be absent as frequently as they wished without facing disciplinary action. As long as the policy is applied equally, however, it is not considered illegal or discriminatory. JH