Is it legal for my employer to put a policy into affect and count infractions that occurred before the policy went into affect?

My employer has just changed our sick leave and tardy policies from infractions
being dealt with on a case by case basis to a progressive discipline model for a
year’s worth of infractions. However, they have decided to base it on each persons
anniversary date. So, for example, I am approximately 2 months from my
anniversary and with my infractions I am subject to discipline under the new policy.
They have issued me a verbal warning and advised me that my next infraction will
result in a suspension.

Asked on June 11, 2018 under Employment Labor Law, South Carolina

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfair has this may seem, unless this action violates the terms of an employment contract or union agreement, you have no claim here. The fact is that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Unfair has this may seem, unless this action violates the terms of an employment contract or union agreement, you have no claim here. The fact is that a company can set the conditions of the workplace much as it sees fit (absent some form of legally actionable discrimination).  


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.