Skip to main content

I live and work in Ohio and used to manage for a company but have since changed companies. My question involves labor laws

Circleville, OH |

It was brought to my attention yesterday that our local H.R. rep is going back over the past 3 month period and assessing corrective and disciplinary action for issues such as attendance. When I managed, all such actions had to be issued within a timely manner, usually no later than 48 hours after the offense or incident. Is there any state or federal labor laws that govern this, or is it left to the companies discretion? I am not affected by this personally but I expect that companies follow all laws and statutes that apply.

+ Read More

Attorney answers 3

Posted

Matters of attendance are largely at the discretion of the employer. I'd check with a local employment attorney to be certain.

MILESNICK LAW PLLC ® 1914 Broadway St. Vancouver, WA 98663. The materials and information available in this post and at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact Mr. Milesnick, a Vancouver attorney, directly to determine whether he can provide advice with respect to any particular issue or problem. Use of and access to this information or any of the e-mail links contained within the site do not create an attorney-client relationship between Milesnick Law PLLC and the user or browser. Prior results do not guarantee a similar outcome.

Asker

Posted

I'm sorry, but I believe you misunderstood the nature of my question. The issue I raised concerns the time frame of disciplinary action. Not the individual attendance policies set by different companies. In short, is waiting 3 months to issue corrective action for an offense a violation of any state or federal labor law or statute? As I stated, when I managed, we had a 48 hour window to issue corrective action, but that may have been just our companies policy. It does seem a bit unfair as well as unethical to wait a 90 day period or even longer to issue such an action. Thanks.

Posted

I don't know of any law that governs when an employer has to issue write-ups for anything. It is usually left to the employers discretion.

Posted

Your question states that HR is "assessing" action, which I interpret to mean they are reviewing action taken (or should have been taken) over the prior months. Did you mean to say they are issuing corrective/disciplinary action for any infractions up to three months in the past? If so, that would not be illegal under state or federal law, but I personally would question the wisdom of doing something like this. While there is no 48 hour rule, discipline should be timely to be meaningful and effective. It is possible HR is just be doing a review and seeing what has slipped through, possibly to tighten the reins going forward.

The information is not, nor is it intended to be, specific legal advice. You should consult an attorney for individual advice regarding your own situation. Answering this question does not in any way constitute legal representation.

Employment topics

Recommended articles about Employment

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer