Tell supervisors: Enforce attendance rules equally—or prepare for court — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily
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Tell supervisors: Enforce attendance rules equally—or prepare for court

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in Discrimination and Harassment,FMLA Guidelines,HR Management,Human Resources,Leaders & Managers,Performance Reviews

If your organization uses progressive discipline to enforce your attendance policy, caution supervisors against making exceptions for some employees unless it’s clear the absence shouldn’t have been counted against them (for example, the absence was an FMLA-related reason or part of an approved ADA accommodation).

Instead, have them apply the rules firmly and evenhandedly.

Recent case: Carrie Watson worked for Lowe’s until she was fired for poor attendance under the company’s progressive discipline, no-fault attendance program. In four months, she missed work or was late 16 times.

She claimed she had been singled out for termination for two reasons—because she is a woman and because she had complained about two male co-workers who allegedly harassed her about women’s rights.

But the retailer was able to show the court that at around the same time it had fired a male co-worker for the same number of absences that Watson had incurred. The court dismissed Watson’s case because she couldn’t prove someone outside her protected class had been treated more leniently. (Watson v. Lowe’s Home Centers, No. 04-70491, ED MI, 2009)

Final note: Have someone in HR spot-check that supervisors are handling attendance fairly. Check time records, match them up with attendance policy “strikes” and have supervisors explain any discrepancies. A no-fault attendance plan won’t work if some employees are allowed to arrive late or miss work, while others are held to the rules.

{ 3 comments… read them below or add one }

Pat Stone April 20, 2017 at 5:27 pm

Ever since lowes Said they was getting rid of full time employees its bé en dog eat dog places to work. The humans resource is so dumb on hiring People its crazy. This is at Store 1164. The Store mànager dies nothing but chase Women at work.


Mary Rumburg April 20, 2017 at 5:21 pm

What mànager they stay in the office you never ser them at Store 1164. The only. Time you ser them if they arè trying to get tail from a New employee. Lowes used to be creat now its sucks. The Store mànager turn into a *******.


Pheobe July 12, 2012 at 5:24 am

Or instead, let Managers manage their employees on a case by case basis and decide for themselves if someone’s attendance is tolerable under business conditions, and their employment is of benefit to the company. People are not cut from a cookie cutter.


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