Employer compliance with personnel policies
Does an employee have any recourse when the employer is violating it's own personnel policies? Specifically, not providing performance evaluations and not providing the necessary tools and information to do the required work?
1 answer | asked Jan 6, 2005 08:05 AM [EST] | applies to Pennsylvania
Answers (1)
An employer is generally not required to follow its own policies.
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, Pennsylvania is an "at-will" employment state, meaning that an employer may discipline or terminate its employees at any time for any reason or no reason at all. This means that an employer is generally not required by law to follow its own policies.
Furthermore, an employer's failure to provide the tools to do your job is not illegal, even if you are disciplined or terminated for job performance. These employment behaviors are unfair and wrong, but not illegal.
This does not mean that you have no recourse whatsoever. Although an employer does not have to follow its own policies, it must not treat employees differently because of their age, race, sex, religion or disability. Giving your co-worker the tools to do the job, but denying them to you because you are a woman is illegal. Giving your co-worker the benefit of policies but denying them to you because you are over 40 is illegal.
Unfortunately, these analyses are fact-specific, and there are not enough facts in your question to allow me to speculate further. If you would like to discuss this matter, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jan 6, 2005 08:32 AM [EST]
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania or Federal law apply, unless otherwise specified.
That being said, Pennsylvania is an "at-will" employment state, meaning that an employer may discipline or terminate its employees at any time for any reason or no reason at all. This means that an employer is generally not required by law to follow its own policies.
Furthermore, an employer's failure to provide the tools to do your job is not illegal, even if you are disciplined or terminated for job performance. These employment behaviors are unfair and wrong, but not illegal.
This does not mean that you have no recourse whatsoever. Although an employer does not have to follow its own policies, it must not treat employees differently because of their age, race, sex, religion or disability. Giving your co-worker the tools to do the job, but denying them to you because you are a woman is illegal. Giving your co-worker the benefit of policies but denying them to you because you are over 40 is illegal.
Unfortunately, these analyses are fact-specific, and there are not enough facts in your question to allow me to speculate further. If you would like to discuss this matter, please feel free to contact me at the below address(es) or number.
/Christopher E. Ezold/
Nancy O'Mara Ezold, P.C.
401 City Line Avenue,
Suite 904
Bala Cynwyd, PA 19004
(610) 660-5585
Cezold@Ezoldlaw.com
posted by Christopher Ezold | Jan 6, 2005 08:32 AM [EST]
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