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.

Attorney Answers 3

  1. 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.

  2. 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.

  3. 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

Top tips from attorneys

What others are asking

An attorney can help.

Post a question and get free legal advice from attorneys.

Ask a Lawyer

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics