Employment Law

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Employee Disciplinary Action

What is an employee disciplinary action?

Disciplinary action is taken when an employee does something that is against the policies in which the employer sets forth when the employee is hired. Sometimes the employer must take disciplinary action and the employee may have questions concerning the rights of the employees. Asking an Expert is a fast affordable way to get answers to questions you may have regarding disciplinary action.

Can an employer discipline an employee if they have to take time off of work for a workmen’s comp surgery and can the employer force the employee to use their FMLA time?

An employer cannot legally discipline an employee for missing work due to a work related injury. The employer can have the employee use their FMLA time, which will also protect the employee. With the FMLA leave the employer will be required to hold the employees position.

If a policy states that discipline is the first step then termination, what would the steps be for the employee to take to get his/her job back when they were fired instead of disciplined?

The employee would have to file an appeal through the city’s appeal process. With this being the first step, an employee would then exhaust his/her administrative remedies. The decision to fire may be too harsh if the employer does not have a disciplinary action that does not adhere to the SOP. If the employee has a union, then the union could help him/her to bargain for his/her job back as well.

Can an employer change an employee’s job or position and then harass him/her because they ask for a transfer back to their former job or position?

An employer can change the employee’s job or position at the discretion of the employer. The employer however, cannot discriminate against the employee for age, gender, or disability. If the employer is doing this, then the employee may be able to take legal action against the employer.

If an employee works with patients in a hospital setting, can the employer demand they get a flu shot and if the employee refuses the flu shot, discipline them.

If the employer is a hospital typesetting, they can claim that all employees be flu free, and require them to get a flu shot as part of their job duties. If the employee refuses the flu shot, then the employer has the right to discipline them for not performing their job duties.

In the state of Texas, can an employer change a manager’s pay from salary to hourly due to the employee taking time off for an illness.

An employer can decide to change the employee’s pay at any time. If the employee has a contract or if the employee takes the time off under the FMLA, workman’s comp, or disability then the employer cannot change the way the employee is paid.

Whether the employee does or does not break the rules the employer has made, disciplinary action may be taken. When this happens, the questions regarding the proper disciplinary action policies may be brought to the surface and can cause more questions and confusion in the minds of the employees and/or employer. Asking an Expert is a fast and affordable way to get answers to questions about disciplinary action.
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