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Tina
Tina, Attorney
Category: California Employment Law
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Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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is a company allowed to reprimand its employee for a late start

Resolved Question:

is a company allowed to reprimand its employee for a late start time if there scheduled start time is 6am. and the employee clocks in at 5:59 am. the company's stand point is the employee should be at there work station with proper safety gear ready to go at 6am... the company also states to do this in a adequate time one must clock in 6 minuets early.. so 5:54am to be safely in ones work area. therefor one is demed late if they clock in after 5:54am even if its before 6am... is this allowed
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Hello and welcome,

Do you have any reason to believe you may have been discriminated against on the basis of your race, age (40 or older), gender, disability, or something else?


Are the other employees you work with and who are subject to the union agreement required to clock in early and be at their work stations safety by 6am as well?


Customer: replied 2 years ago.

yes other employees are held to this standard practice too, and as far as a race discrimination is concerned i don't know.. there was another employee(caucasian) that had tardies and actual days missing and the company entered him into a last chance agreement for only 12month and my last chance agreement for tardies only is 18months.. plus my father won a law suit against the company for racial discrimination back in the early 90's. im of mixed ethnicity black/white but i don't know if this has any relevance.

Expert:  Tina replied 2 years ago.
I see.

Normally, the employer is permitted to implement and enforce such a rule, as long as they pay the employees from the time they are required to report to work, even if a half hour before their shift begins.

Since other employees are held to the same standard, that would typically indicate that discrimination is not playing a role in the employer's decision.

However, because you are aware of other employees who were not minorities who engaged in more severe violations and received less severe punishment, I would normally pursue a grievance based on race discrimination, seeking to have the same level of punishment for the same offense as non-minorities.

It could make a difference between keeping or losing your job if you were late during the 18 month period.

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Tina, Attorney
Satisfied Customers: 32156
Experience: JD, 16 years experience & recognized by ABA for excellence in employment law.
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