Most managers rightly focus their time and energy on day‑to‑day operations. But it’s just as important to develop a risk‑management mindset. Things will happen. Disputes will arise. At some point, an employee will have an issue, and the manager will need to be thoughtful and intentional about how they respond. The goal is not only to resolve the situation and address the employee’s concerns, but also to think ahead about the potential consequences that might flow from any decision.
Consider a common scenario: an employee has been tardy multiple times, in violation of company policy. The employee has received verbal and written warnings. The manager, aware of the concept of “at‑will” employment, understands that the company can terminate the employment relationship at any time, for almost any reason. On that basis, the manager could decide to terminate the employee now.
This is the point where the manager should pause and put on their “Risk Manager” hat.
Before making a termination decision, the manager might ask:
- Consistency: Have we ever terminated any other employee for being tardy?
- Fair notice: Did we provide this employee with a clear opportunity to correct the problem?
- Medical issues: Has the employee mentioned a medical condition or disability (their own or a family member’s) as a reason for being late?
- Reasonableness: Did the employee give reasons for being tardy that seem reasonable or understandable under the circumstances?
- Degree of violation: Is the employee significantly tardy, or just a few minutes late?
- Recent complaints: Has the employee recently complained about wages, workplace safety, a workplace injury, inappropriate treatment, or company policies?
- Protected status: Is the employee a member of a protected class, and if so, could the termination appear to be based on that protected characteristic?
- Workplace culture: Is terminating an employee for tardiness consistent with the culture you want in your workplace?
- Morale: How might a termination for tardiness affect the morale and trust of the remaining staff?
Walking through this kind of analysis is critical. It may reveal the need to involve human resources and/or legal counsel. For example, if the tardiness relates to a medical condition or disability, the focus may need to shift from tardiness and termination to the interactive process and whether, and how, the employer can reasonably accommodate the employee.
If the tardiness stems from issues such as public transit schedules or child care responsibilities, that may lead to a conversation about adjusting the employee’s schedule or exploring other practical solutions.
Terminating an employee who may have a protected reason for being tardy—or even a socially understandable reason—can create significant risk for the employer down the road. Even when the employee has violated a policy and the termination appears justified on paper, a future judge or jury is unlikely to view the situation in purely black‑and‑white terms.
That is why it is so important for managers to slow down, think ahead, and take all relevant factors into account. A deliberate, informed decision today can help avoid a rash, costly one tomorrow.
As a final reminder, employers should regularly review their policies for clarity and consistency, and ensure that every step of the decision‑making process is thoroughly documented.Managing Your Risk
Most managers rightly focus their time and energy on day‑to‑day operations. But it’s just as important to develop a risk‑management mindset. Things will happen. Disputes will arise. At some point, an employee will have an issue, and the manager will need to be thoughtful and intentional about how they respond. The goal is not only to resolve the situation and address the employee’s concerns, but also to think ahead about the potential consequences that might flow from any decision.
Consider a common scenario: an employee has been tardy multiple times, in violation of company policy. The employee has received verbal and written warnings. The manager, aware of the concept of “at‑will” employment, understands that the company can terminate the employment relationship at any time, for almost any reason. On that basis, the manager could decide to terminate the employee now.
This is the point where the manager should pause and put on their “Risk Manager” hat.
Before making a termination decision, the manager might ask:
- Consistency: Have we ever terminated any other employee for being tardy?
- Fair notice: Did we provide this employee with a clear opportunity to correct the problem?
- Medical issues: Has the employee mentioned a medical condition or disability (their own or a family member’s) as a reason for being late?
- Reasonableness: Did the employee give reasons for being tardy that seem reasonable or understandable under the circumstances?
- Degree of violation: Is the employee significantly tardy, or just a few minutes late?
- Recent complaints: Has the employee recently complained about wages, workplace safety, a workplace injury, inappropriate treatment, or company policies?
- Protected status: Is the employee a member of a protected class, and if so, could the termination appear to be based on that protected characteristic?
- Workplace culture: Is terminating an employee for tardiness consistent with the culture you want in your workplace?
- Morale: How might a termination for tardiness affect the morale and trust of the remaining staff?
Walking through this kind of analysis is critical. It may reveal the need to involve human resources and/or legal counsel. For example, if the tardiness relates to a medical condition or disability, the focus may need to shift from tardiness and termination to the interactive process and whether, and how, the employer can reasonably accommodate the employee.
If the tardiness stems from issues such as public transit schedules or child care responsibilities, that may lead to a conversation about adjusting the employee’s schedule or exploring other practical solutions.
Terminating an employee who may have a protected reason for being tardy—or even a socially understandable reason—can create significant risk for the employer down the road. Even when the employee has violated a policy and the termination appears justified on paper, a future judge or jury is unlikely to view the situation in purely black‑and‑white terms.
That is why it is so important for managers to slow down, think ahead, and take all relevant factors into account. A deliberate, informed decision today can help avoid a rash, costly one tomorrow.
As a final reminder, employers should regularly review their policies for clarity and consistency, and ensure that every step of the decision‑making process is thoroughly documented.
