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ARTICLE · 08 AUGUST 2019

Does Inconsistency Always Kill The Cat?

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.

United StatesEmployment and HR

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? 

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