Disciplinary leave without pay
Posted 06 December 2012 - 04:21 PM
Posted 06 December 2012 - 05:21 PM
Can I place an employee on leave without pay for disciplinary reasons.
Sure. But why would you want to. If he's a disciplinary problem you can fire him. If you put him on unpaid leave, he's only going to come back hostile and continue to be a problem, only in ways that you might not realize till the damage is done.
We have a small company in Texas with less than 10 employees
I don't think that makes any difference.
No mention of disciplinary procedures on our employee handbook.
Your disciplinary procedures are what the boss says they are at any given moment. The employee handbook is not a contract and is not binding on anybody. Employers have been known to depart from the handbook on a whim.
Warning: Legal issues are complicated. Explanations and comments here are simplified and might not fully explain the ramifications of your particular issue. I am not a lawyer. I do not give legal advice. I make comments based on my knowledge and experience. I guarantee nothing. If you act on my comments without the advice of an attorney, you do so at your own risk.
Posted 14 December 2012 - 02:41 PM
Posted 14 December 2012 - 02:49 PM
Of course. Is someone implying you cannot?
Employers aren't required to have handbooks or fixed policies and is free to decide stuff on a case-by-case basis. And in Texas as far as I know, you still don't even have to worry about anti-discrimination laws. (If you make it to 15, you'll be subject to certain federal anti-discrimination laws.)
You're free to let someone go if you believe discipline like this won't get it through their head that Y is a problem; of course, indiscriminate terminations that don't involve gross or willful misconduct mean they'll be eligible for unemployment benefits, and a lot of that can increase your payroll tax deduction rate. (That said, I don't know what Texas law is with regard to any worker number thresholds beneath which a Texas employer doesn't have to worry about an unemployment benefits payroll tax contribution.)
I'll echo PG's advisory "warning" with a twist: (Many) legal issues are complicated. Explanations and comments here might not fully identify or explain the ramifications of your particular problem. I do not give legal advice as such (and such is impermissible here at any rate). Comments are based on personal knowledge and experience and legal info gleaned over a quarter century, and every state has differing laws on and avenues to address most topics. If you need legal advice, you need to consult (and pay) a professional so that you may have someone to hold accountable. Acting on personal and informational advice from a stranger on the internet is a bad idea -- at least not without your own thorough due dilience/research and confirmation as it applies to your situation.
Posted 18 December 2012 - 08:12 AM
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