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Is it legal to discipline an employee for tardiness by suspending her without pay?

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in Employment Law,HR Management,Human Resources,Leaders & Managers,Performance Reviews

Q. I work in HR at a customer call-in center. To make sure we have enough coverage to handle calls, we have a strict tardiness policy. Recently, one of our customer service agents was late for work several days in a row. She is an otherwise outstanding performer and we don’t want to fire her. In the alternative, we would like to suspend her for one week without pay. Is that legal?

A. Unless there is some type of employment contract, Indiana considers employment to be “at-will,” meaning employees can be terminated for almost any reason, provided the reason is not prohibited by law. Assuming she is an hourly employee, you can suspend your tardy worker without pay.

You also did not indicate whether this policy is part of a progressive discipline program. If it is, make sure you apply it uniformly to all your employees.

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