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Rules/laws for federal contractors re. Employee DIscipline
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Rules/laws for federal contractors re. Employee DIscipline
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We are a non unionized federal contractor in the manufacturing industry. We have had a series of complaints against an employee. He has received several warnings and earlier this month a final warning
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Rules/laws for federal contractors re. Employee DIscipline

posted at 2/21/2012 7:42 PM EST on Workforce Management
Posts: 13
First: 2/21/2012
Last: 7/9/2012
We are a non unionized federal contractor in the manufacturing industry. We have had a series of complaints against an employee. He has received several warnings and earlier this month a final warning. We have been meticulous about documenting repeated errors on employee's part. He always refuses to sign the documents.  I have never heard of this before. In every meeting we have an HR person, (sometimes another HR person taking meeting notes),  his immediate supervisor (and his VP in the last meeting which was his FINAL warning). We always give him the right to rebut anything in writing and he is told it will be placed in his file along with his dicipline notice.
Anyway I was  talking about this to a friend (who is not a HR person) and she mentioned to me that she was under the impression that the employee should be told about his rights to have a representative with him at these discipline meetings since we are federal contractors.

My question - Are we required to inform him of his rights? DOes he have the right to legal representation  or any other represenation in an office discipline meeting given that we are federal contractors? I have never heard of this before. WHat are best practices in this matter. All opinions will be helpful, even if it is citing a ruling or legal precedent.

Thank you in advance

Liz

Re: Rules/laws for federal contractors re. Employee DIscipline

posted at 2/21/2012 8:16 PM EST on Workforce Management
Posts: 144
First: 9/21/2011
Last: 2/8/2013
http://topics.hrhero.com/federal-contractors/
http://www.dol.gov/opa/aboutdol/lawsprog.htm
http://usgovinfo.about.com/od/moneymatters/a/ctlaborlaws.htm

I am not finding anything on any of these that states he has to be given the notification of representation. My first thought is that she is thinking of a unionized shop.

I know that a regular business does not have to allow a representative and i am not finding anything in my search that leads me to believe that a fed contractor is required to do so.

Re: Rules/laws for federal contractors re. Employee DIscipline

posted at 2/22/2012 8:57 AM EST on Workforce Management
Posts: 32
First: 10/25/2011
Last: 8/27/2012
While I suspect that the "non-hr" person has somehow confused the on again off again weingarten ruling for non-unionized employees, as rrupert points out, there is no requirement to allow representation.

Re: Rules/laws for federal contractors re. Employee DIscipline

posted at 2/22/2012 12:46 PM EST on Workforce Management
Posts: 13
First: 2/6/2012
Last: 8/30/2012
Make that three votes that the advice provided was misguided!!!

Dave Arnold, Ph.D., J.D.

Forums » Topic Forums » General Forum » Rules/laws for federal contractors re. Employee DIscipline

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