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Similar Situation.

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  • Similar Situation.

    My company has a written and signed policy that states:

    "It will be considered an unscheduled shift interruption if you are late 5+ mins coming back from lunches, Breaks and/or when logging in and out. If you are late 7+ mins from the above mentioned instances it will also require you to take the time as unscheduled on your current time sheet."

    I have always assumed that this meant you could show up to work at your scheduled time (9AM in this case) and not have to worry about the time it takes for your computer to boot up, for security to check you in, for the elevator etc... since you have a 5 min window. However, now I'm in a position of following a correction path leading up to possible termination due to instances I assumed were ok per the policy

    - March, 2 mins late for work (9:02AM) twice.
    - April, 1 min late for work (9:01AM) Four Times and Once 5 mins late (9:05)
    - May I was never late
    - June I was 3 min late (9:03) three days, and 4 mins late (9:04) 1 day.
    - and in july I was 5 mins late one day.

    I have not included the days I have been on-time of early since they do not obviously matter, you can assume I was either precisely on-time or early every other day not listed.

    Each tardy is considered an "Occurance"

    Our policy also states that three "Occurances" in a 5 month period will result in corrective action.

    Q: - I understand the previous posts in this message state there are no laws regarding clocking-in windows or "grace periods". However, my question is, are there wrongful termination laws in place when an employee and employeer have signed and agreed to a punctuality policy with a clock-in window / grace period like the one above, and later terminates the employee without following their own set guidelines?

    I realise that 1-3 mins seems trivial, which is why I assume companies have a clock in window / grace period policy, but when it is selectively enforced whats my next course of action? Does a signed company policy hold any weight?

  • #2
    Please do not attach your question to someone else's thread, no matter how closely the situations may match. It is very confusing for the responders when two different people are asking questions in the same thread.

    To answer your question, no, there is no law in any state making it a wrongful termination if you assume the policy means something and the employer disagrees.
    The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.


    • #3
      Whoops sorry, thanks for the quick reply though.


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