Spoiler alert - this article doesn’t have anything to do
with cats. But it is about something you hear all the time
from employment attorneys. You have to be consistent when it
comes to enforcing your attendance policies and plant rules. You
have to treat all employees the same. If you don’t,
there is a huge risk you won’t be successful in defending
your disciplinary decisions in labor arbitrations and employment
litigation. As a general rule, this is excellent advice.
Does this mean, though, that you absolutely have to be
consistent 100% of the time? If you make an exception to your
attendance policy by giving a particular employee one last chance
(other than for reasons relating to the ADA or the FMLA), will that
be the end of your ability to enforce the policy?