| Diane is an administrator for a medium size | | | | However very few companies enforce this. How |
| insurance broker in Kitchener Ontario. She has a | | | | long was the policy in place before it was being |
| very good record at work. All three of her annual | | | | enforced? Is there a proper procedure for |
| performance reviews reported exceeded | | | | determining a violation? |
| expectations. The quality of her work has never | | | | In the case of this insurance broker, if the VP |
| been a question, nor her attendance, punctuality | | | | wanted to resurrect this policy, the proper thing |
| or attitude. | | | | to do would be to inform everyone that this |
| About three weeks ago, a new V.P. of Operations | | | | policy is going to start to be enforced. The |
| was hired. Very shortly thereafter a memo was | | | | general accepted practice of using the network |
| sent to all staff announcing audits, and structural | | | | for personal purposes is now no longer accepted. |
| changes to help cut costs, and weather the | | | | They did not do this. For whatever reasons the |
| financial storm. A few wondered if that was a | | | | VP had, they tried to use this policy as a "get out |
| warning for layoffs. Diane was not concerned. | | | | of jail free" card. Fire for a reason and not be |
| On Friday Diane went to work as usual. At 10:30 | | | | liable for wrongful termination. Well it does not |
| she was asked by her manager to meet with her | | | | work that way. Based on the facts we see here, |
| in the conference room. At 11:00 Diane entered | | | | there is a serious case for an action for wrongful |
| the conference room to see her boss, the new | | | | termination. |
| VP of Operations. and the HR Manager. GULP. | | | | A few other things to look out for in a policy |
| Diane sat down, and was told by the VP of | | | | includei) Are the consequences clearii) Is the policy |
| Operations that as part of their audit, they | | | | consistent with other aspects of the jobiii) Is the |
| discovered that Diane had used the work | | | | enforcement consistent with their disciplinary |
| computers for sending and receiving personal | | | | proceduresiv) Is the policy an attempt to go |
| email. This was a violation of the network usage | | | | around specific laws, such as confidentiality, |
| policy. As a result she is terminated immediately | | | | discrimination etc. |
| with cause. Diane's manager looked over at her | | | | So if you find yourself in the unfortunate |
| with a compassionate sorry. | | | | circumstance as Diane, don't make a scene. Ask |
| The HR Manager escorted her to her desk, | | | | exactly why you have been terminated, under |
| handed her final pay, and by 11:18 Diane was | | | | what policy you have been terminated under. Be |
| sitting in her car, and then burst into tears. What | | | | polite, but specific. |
| the hell just happened? Was this legal? here we | | | | In addition you should seriously consider talking to |
| will look at if you can be fired for breaking a | | | | a local employment lawyer. In Ontario you can call |
| policy. | | | | the Lawyer referral Service, run by the Law |
| Employment law is an extension of contract law. | | | | Society of Upper Canada. |
| You agree to work for your employer under | | | | 1-900-565-4LRS. |
| certain rules, and they agree to pay you. The | | | | It costs $6, and you will get a 30 minute |
| amount of payment, and the rules are part of | | | | conversation with a lawyer in your area, with that |
| your contract. But what about policies, Are they | | | | specialty for that $6. |
| part of the rules? | | | | Before you find yourself in this position, make |
| Policies can be part of the rules, and therefor you | | | | sure you get a copy of the company policies, and |
| can be fired for breaking them. However just | | | | you read them. Understand how they apply to |
| because a policy exists does not mean that you | | | | the job. Understand how they are enforced. Most |
| can be fired for breaking it. To be fired for | | | | important... |
| breaking a policy, a few things have to happen. | | | | BECOME FAMILIAR WITH THE DISCIPLINE |
| The first thing is that the policy must be part of | | | | RULES OF YOUR COMPANY. |
| your employment agreement. To be part of your | | | | That means you learn what the process for |
| employment agreement the policy must be:a) | | | | warnings, probation, and termination is. Know the |
| Clearb) Publishedc) Enforced uniformlyd) Not | | | | process, in the unlikely event you get caught up in |
| against the law | | | | it. |
| The most common problem for an employer | | | | Knowing is protecting, and Diane, call the 1-900 |
| trying to us a policy to terminate, is...c) Enforced | | | | number above, ask for an employment lawyer in |
| uniformly. | | | | the KW area. You most certainly have reason to |
| It is very common for companies to have a | | | | contest. |
| policy saying do not use for personal purposes. | | | | |