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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 111480
Experience:  20+ Years of Employment Law Experience
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I work in a hospital that had alliwed a 5 minutes grace

Customer Question

I work in a hospital that for years had alliwed a 5 minutes grace preriod, but in the employee hand book the 5 min grace period is mentioned. Recently the 5 min grace period was discontinued without any memo posted, but to start this 5 min grace period a memo was posted.
JA: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?
Customer: I spoke to my supervisior and was tild that the job doesn't have to post this un a memo for the workers.
JA: Is there anything else the Employment Lawyer should be aware of?
Customer: Not for now
JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Employment Lawyer about your situation and then connect you two.
Submitted: 6 months ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Can you please clarify? You said the 5 minute grace period is mentioned and then it was discontinued without any notice, but then you said that the memo was posted? Please clarify for us?
Were workers notified in any manner that the grace period was cancelled?
Customer: replied 6 months ago.
A memo was posted at the start of the geace period, but not stated in the employee handbook
Customer: replied 6 months ago.
On my unite my supervisior did not inform the staff. I overheard a conversation between two coworkers one from a different unite. According to the employee all the supervisors had recieved a memo reminding them what the employee handbook says
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
I need you to give me more details about what happened in your situation, if it would be easier by phone I am sending you an offer so that we can discuss by phone, if you prefer to do so here, please give me more details about the whole situation. Thank you.
Customer: replied 6 months ago.
i spoke to my supervisor today and tried to ask her why a memo wasn't posted and she told me that they didn't have to tell the staff anything about the changes
Expert:  Law Educator, Esq. replied 6 months ago.
Thank you for your reply.
An employee handbook or even an employee memo does not constitute a written contract. This means the employer can change the rule or policy with only "notice" to the employees. It does not have to be written notice, only verbal notice is sufficient. If this grace period was not in the handbook only in a memo, then all the employer has to provide is verbal notice to the employees of the change, they do not have to post the memo itself. HOWEVER, they cannot change the rule and tell nobody verbally or in writing, if they did so and then sought to punish an employee for following the rule without telling them the rule was changed, that would not hold up as a valid punishment, since an employee is entitled to verbal or written notice of an employee rule change.
Customer: replied 6 months ago.
This is what I was trying to explain to my supervisor today. Because yes they have the right to change the grace period but they have to tell the staff according to my supervisor they did not have tell the staff of the changes. So she was not going to tell her staff because we already kniw what is in the handbook.
Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your reply.

IF there was a memo contradicting what was in the handbook and that changed again, then they have to give verbal notice at the very least letting employees know the memo is no longer in effect and to refer to the handbook.

Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your reply.

IF there was a memo contradicting what was in the handbook and that changed again, then they have to give verbal notice at the very least letting employees know the memo is no longer in effect and to refer to the handbook.

Expert:  Law Educator, Esq. replied 6 months ago.

Thank you for your reply.

Arguing with her now, when you know the policy has been changed is only going to create a feud with her. Everyone should know by now and if they do not and the hospital tries to punish someone for violations when this memo is out there and there is no proof it has been rescinded or that the person has not been told it no longer is in effect would give the person grounds to appeal the punishment.

Expert:  Law Educator, Esq. replied 6 months ago.
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