Suspension for Exempt EE

Ranger

Just want to make sure of this. Have an exempt ee whose behavior (profane outbursts) is close to the next step in our discipline process (an unpaid suspension). While I don't think unpaid suspensions are always appropriate, it may get his attention. Anyway, are we okay if we suspend him for 3 days without pay? We're in Wisconsin, which sometimes puts a different spin on issues.

marc

Is Wisconsin the only non at-will state?

Brad Forrister

No, that would be Montana.

Brad Forrister
VP/Content
M. Lee Smith Publishers

marc

Thanks Brad.

LarryC

As long as you have a written policy covering the misconduct and is applicable to all employees, you may suspend exempt EE's in full day increments. This allowance to the FLSA was effective last Aug.23, 2004.

LivindonSouth

Larry: Are you suggesting that if an employer does not have a written policy or disciplinary policies, it is rendered impotent regarding the administration of discipline? Some employers don't have written handbooks or written policies and procedures. I don't argue that you would not be better off defending discipline with written policies; but, your post seems to mandate it. I don't agree.




Disclaimer: This message is not intended to offend or attack. It is posted as personal opinion. If you find yourself offended or uncomfortable, email me and let me know why.

LarryC

I don't mandate it at all; the FLSA revisions do. However, I WOULD prefer it to be the way that you suggest, Don.

For a quick reference, Don, check page E-22.4 in your BLR big red book. I think you mentioned one time that you have one. So do I and I wouldn't be without it.

HRLASS

Larry isn't suggesting it, the new regs require a "written policy" in order for full day unpaid disciplinary suspensions to be legal for exempt employees. The other exception is if the violation was of a major safety policy or practice. In our industry that would be ignoring a reported gas leak or falling asleep on the emergency call board.

We have written policies, but they don't included statements concerning consistently applied suspensions for disciplinary purposes, so we can't do it. (Our progressive discipline policy was negotiated with a collective bargaining agreement and changes must be negotiated with the union.) Disagree with the USDOL. There are about 100 pages of comments in the Federal Register of the people who did. Didn't help.

LindaS

Ranger -

I'm in WI, had the same thing with suspension of an exempt level supervisor (performance), suspended 3 1/2 days (the other 1/2 day was vac at his request). He filed UI, we won the case!!!

So, in answer to your question, you should be fine to suspend.