Respect employee rights, stand up for employer rights: make the workplace more professional and enjoyable.

• Author: Brown, Andy
• Position: HR MATTERS

While giving a training seminar in July, one participant approached me during a break and described a situation that had arisen in his workplace. This happens frequently and I don't mind because I enjoy helping people and ensuring people get the most out of the seminars. After some legal analysis and explaining potential options, I remarked that he should consult a practicing attorney because the employee might file a complaint against the company. The gentleman responded with a downcast look and remarked that he felt smothered by all the laws that favor the employees, giving them so many rights. He was partially right; there are many laws that ensure rights for employees. But employers have fights as well. As a labor attorney, I have dealt with many firsthand, both pursuing claims against some employers and defending others. It always comes down to rights and who violated them.

BALANCE RIGHTS

Employers should be concerned with employee rights, but becoming obsessed with the possibility of a complaint or lawsuit to the point that business is essentially hamstrung is counterproductive and can eventually drive production down. I have found that, just like anything else, when an employer focuses on only one thing, in this case the rights of employees, they are less effective than they could be.

In fact, employers who help employees balance their work and personal lives and find the middle ground between respecting the rights of their employees while standing up for their rights as an employer at the same time are consistently rated in the best places to work. Employers do have rights and ignoring those rights not only does disservice to the employee, it also can lead to violations of employee rights.

ATTENDANCE

Employers have the right to expect attendance and punctuality. As an employer, you have the right to expect not only that your employees be on time, but also that they actually show to work. Habitual tardiness or absence, even if unpaid, does not need to be tolerated.

Realize, however, that if you fall under the Family Medical Leave Act (FMLA), the employee has rights as well; learning the reason for the tardiness or absenteeism can go a long way toward preventing a claim from even being filed.

Additionally, if you tolerate excessive absence from one employee and not another, you have a discrimination complaint in the making. Stand up for your right as an employer and treat everyone consistently with an attendance policy that is fairly...