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Unpaid Day off for bad behavior - California

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  • Unpaid Day off for bad behavior - California

    Can I make a rule like:

    "If you break the rules 3x's you will be forced to take an unpaid day off"



    TIA!

    P.S. - First Post...nice forum!!!

  • #2
    You can if the employee is nonexempt.

    If the employee is exempt, however, the specific "bad behavior" must be pursuant to a known company policy that is applicable to all employees.

    (4) Deductions from pay of exempt employees may be made for
    penalties imposed in good faith for infractions of safety rules of
    major significance. Safety rules of major significance include those
    relating to the prevention of serious danger in the workplace or to
    other employees, such as rules prohibiting smoking in explosive plants,
    oil refineries and coal mines.
    (5) Deductions from pay of exempt employees may be made for unpaid
    disciplinary suspensions of one or more full days imposed in good faith
    for infractions of workplace conduct rules. Such suspensions must be
    imposed pursuant to a written policy applicable to all employees. Thus,
    for example, an employer may suspend an exempt employee without pay for
    three days for violating a generally applicable written policy
    prohibiting sexual harassment. Similarly, an employer may suspend an
    exempt employee without pay for twelve days for violating a generally
    applicable written policy prohibiting workplace violence.
    http://www.dol.gov/dol/allcfr/ESA/Ti...CFR541.602.htm

    What types of "bad behavior" are we talking about?

    Having said all this, there has always been a question among HR professionals as to whether unpaid suspensions really change behavior.
    Pattymd
    Senior Member
    Last edited by Pattymd; 05-20-2009, 03:39 PM.
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    Comment


    • #3
      They are nonexempt, hourly employees.

      "Bad Behavior" would be breaking the "rules"...they are mostly safety rules but some of them are like not cleaning up after themselves in the bathroom.

      I am open to other forms of punishment...anybody have suggestions?

      Thanks!

      Comment


      • #4
        Yeah. Warn them first verbally, then in writing, and tell them that immediate correction of the problem is required and it must be ongoing, otherwise they may be subject to termination. OTOH, I'd be very careful regarding what may seem to be "petty" issues, as it's possible you could open yourself up for UI.

        You have people that don't clean up after themselves in the restroom and you know who they are? EEEEWWWWW
        Pattymd
        Senior Member
        Last edited by Pattymd; 05-21-2009, 08:53 AM.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          Originally posted by Pattymd View Post
          Yeah. Warn them first verbally, then in writing, and tell them that immediate correction of the problem is required and it must be ongoing, otherwise they may be subject to termination. OTOH, I'd be very careful regarding what may seem to be "petty" issues, as it's possible you could open yourself up for UI.

          You have people that don't clean up after themselves in the restroom and you know who they are? EEEEWWWWW
          hahahahaha...ya...scumbags

          Anyhow...what is UI? User Interface??

          The verbal warnings have been going on for years regarding a sore point with the owner. He buys bottled water for everybody to drink for free. This one guy, bathroom guy, opens a bottle drinks two sips...sets it down...then grabs a fresh bottle...does the same over again...by the end of the week there are like 10 1/4 or 1/2 consumed bottles laying around the warehouse. I want him gone but he's friend of a friend...I'm looking to build a case to get him canned. There are SO many more things....

          Comment


          • #6
            UI is unemployment insurance. What I'm saying is that, if you fired the water-bottle guy for that reason, I wouldn't be surprised if he would get unemployment benefits.

            Of course, you could always lock up the water and make the employees bring back their empties to get another bottle. Sounds like kindergartern, huh? Isn't that a shame.
            Pattymd
            Senior Member
            Last edited by Pattymd; 05-21-2009, 10:35 AM.
            I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

            Comment


            • #7
              Hmmm...that's a good idea...locking it up...I already make them ask for gloves when they are worn out because they just grab fresh ones if they can't find where they left their last pair. Sad thing is that I'm only dealing with 1 guy who is screwing up the whole program...the others know what to do and don't do this crap.

              So...being a total newb...there is a way to fire somebody where they wouldn't qualify for unemployment benefits?

              I have never run my own business so I don't know how it all works. I know workman's comp is paid...are you saying if they are fired...claim unemployment that the employer has to pay above and beyond what they are already paying?

              Comment


              • #8
                Violation of known company policies can, among other things, be a reason for the state to deny UI benefits. That's why I advised warnings, especially in writing, as I did.

                John, you have been observed violating XX company policy on date, date, date. Further violations of company policies may result in disciplinary actions, up to and including termination.

                Your unemployment tax rate is based on chargeable benefits to your ex-employees. There's a whole complicated formula, but simply put, the higher the ratio of chargeable benefits to your account to the taxes the company has paid in results in a higher UI tax rate in the following year. One terminated employee receiving benefits out of 100 probably isn't going to raise your rate. 10 or 15 out of 100 might.
                I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                Comment


                • #9
                  Hmmm...interesting. Thanks for the clarification.

                  If it were up to me this guy would have been fired a long time ago...he's been here three years and our new guy of 2 months is outperforming him consistently.

                  I don't think the owner will fire him as he's sort of a charity case...but the owner does realize that he is slow and expensive so he's agreed to telling him "there is no work today...stay home" on occasion (which he's fine with because he's so lazy - he certainly does not see it as punishment). I'd like to get that to a point where it starts to affect his income enough where he may seek out a different job.

                  Although...I'm open to any and all ideas regarding flushing out the weakest link.

                  I am creating all the policy now...so after it's all sorted out and our director approves it all...I'll be sure to document the offenses in writing.

                  Comment


                  • #10
                    What you could do is cut the employees shifts on the schedule and give the better performing employees more shifts ( if they like ). After his next paycheck ( the latest ) he will come up to you and ask either why his shifts got cut or if he can get more shifts. Thats when you get to decide to perhaps give him another chance if the talk went well or just leave him with less shifts.


                    On a side not:
                    there is no work today...stay home" on occasion (which he's fine with because he's so lazy - he certainly does not see it as punishment)
                    Honestly, I would not see it as punishment either. I would see it as part of the business...no work, no people needed.


                    Good luck

                    Comment


                    • #11
                      Also, if I may, if you are new to this, you may want to have your handbook reviewed by an employment law attorney first, or at least an experienced HR consultant. You don't want to inadvertently include something that you can't legally do or create a contractual obligation when that was not your intent.
                      I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

                      Comment

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