7 questions to ask before firing an employee for being late

Excerpted from the Executive Report: Is Your Employee Handbook Legal? 139 Questions You Need to Ask.

You have every right to expect employees to be on the job, on time, every day. But it needs to be spelled out to employees.

There should be an attendance policy in every company's HR handbook that emphasizes the importance of good attendance and explains what can happen to those who are frequently late or absent.

Employees who have been terminated for poor attendance have won in court when they are able to show that the policy was unclear and not enforced consistently.

So ask yourself the following:

1. Does your attendance policy explain how absences are to be reported and the penalties for excessive absenteeism? Your policy should distinguish between excused and unexcused absences.
2. Do you follow state and federal law concerning absences for jury duty? It is a violation of federal law and state law to discipline employees who are absent for jury duty.
3. Does your absence policy take into account the provisions of the Family and Medical Leave Act (FMLA)? It is a violation of FMLA to charge a covered employee with unexcused absences while on a leave.
4. Does your absence policy follow the Vietnam Era Veterans' Readjustment Act to accommodate reservists' requests for time off?
5. Does your policy consider religious accommodation requirements before charging employees with unexcused absences? 
6. Does your policy consider the provisions of the Americans with Disabilities Act concerning absences for drug, alcohol or medical treatments?
7. Does your policy explain that unexcused absenteeism has a negative affect on their performance appraisals, promotions and continued employment?

DIGGING DEEPER
Employee handbooks are meant to set the rules straight - once and for all. But they don't always. In fact, many wrongful discharge cases are based on published policies in the handbook that are ignored when a discharge decision is made. To make sure your company's employee handbook is in good order, you're invited to check out the Executive Report: Is Your Employee Handbook Legal? 139 Questions You Need to Ask.