Human Resource Blog

Thank you so much for the kind words!

Unfortunately, we do not offer training classes. There is some great information on our sister site at http://blog.laborlawcenter.com and materials from our sponsor, www.laborlawcenter.com.

Feel free to post as many questions as you like!

That depends upon the circumstances. If the training is mandatory, and scheduled by the employer, then it is a shift like any other shift. The employee can and should be disciplined for not working the shift by attending the training class.

If training is a basic job requirement, and on the employees own time, then the employee can be terminated for not having the required credentials. For example, in many states childcare workers must be certified in CPR. The employer can set a certain date by which the childcare worker must be recertified. If the employee is not recertified by that date, he or she can be terminated for not meeting the minimum requirements of the job. Another option would be to discipline the employee, and provide a second deadline (perhaps 30 to 60 days) when the training requirement must be met.

Even if the job training is not an legal minimum requirement for the position, the employer can require that the employee attend the training and discipline or terminate any employee who does not. The employee could be terminated for insubordination (which is basically not doing what the employer says.)

Employers can and often do hold employees to standards that are not included in the job description. In addition, the employer can change the job description at any time. Any action not specifically prohibited in the union contract is acceptable.

This is out-and-out insubordination and should not be tolerated. If the employer overlooks this problem, more are sure to follow and the employer will have no control over the employees.

There is no statute of limitations on employee misconduct. The best practice in HR is to issue a reprimand as soon as possible after the misbehavior occurs. This is because research has shown that behavior is more likely to improve, when consequences follow actions fairly quickly.

However, there can be a number of reasons why an employer may delay a reprimand. It is not wise for an employer to reprimand when angry, so a cooling off period might be helpful. Employers may not immediately be aware of negative actions or their consequences. Or, the employer might not be as efficient as one would prefer.

Suppose Julie, an accounting clerk, stole $12,000 from the employer in 2005. An audit today uncovers the theft. It would be completely appropriate for the employer to discipline Julie today.

Yes, you can terminate an employee for refusing a request that is reasonable, ethical and lawful — and requesting that the employee sign a memo stating a new company policy is all of those.

In the workplace, the employer generally makes up the rules and the employee can deal with it or quit. The workplace is not a democracy. Employees do not get a vote on new policies or working conditions. The employer makes those decisions unilaterally. (The only limits are employment laws — obviously, the employer cannot implement any policy that is illegal.)

Many employees feel they have a *deal* with management, and the employer needs their permission to change that *deal*– but this is not true. The employer sets the policys, and you as the employer can change them at will.

When an employer changes company policy, it is a best practice in HR to issue a memo or written copy of the new policy to all employees. The employees are asked to sign the policy, to indicate that they have been informed of it. However, the policy goes into effect whether the employee signs his or her copy, or not. You do not need the employees permission to change policies, or to enforce a new policy. The signature simply shows that the employee is aware of the change in policy.

Even though you lawfully can fire an employee for refusing to sign the policy, we do not recommend it. A better tactic is simply to issue a written warning to the employee, for the refusal. Have a witness note on the new policy memo *Discussed with employee on 11.6.09. Employee refused to sign.* Then both the witness and the manager would sign the memo. This fulfils the need to prove that the employee was aware of the new policy. (You can use the same tactic with written warnings, if an employee refuses to sign one.)

We are not familiar with the term *grace time* so it is hard for us to address that aspect of your question.

You can discipline employees by reducing their paid annual leave, but frankly it is generally not good management. It creates a great deal of ill will, often from all employees, not just those affected. In addition, it makes the employer look paternalistic and vindictive.

It also defeats the purpose of granting paid vacations. Research has shown that taking annual vacations makes employees more productive. So by taking away vacation time, you are making your employees less productive — which is a bit like shooting yourself in the foot.

It would be better to follow normal disciplinary procedures with this problem. Simply issue a written reprimand to an employee for any week that he or she neglects to sign in and out. If an employee accumulates 3 written warnings, then suspend the employee for 3 days without pay. If the employee still neglects to follow the policy, then he or she should be terminated. Usually it will only take one or two warnings for all the employees to begin to comply with this policy.