Auto shop owners, like Vitale Collision Repair, are passionate about the service they provide and the satisfaction of their customers. Keeping a clean workspace, timely repairs and a friendly atmosphere are all a part of this recipe for success. However, these business owners must also deal with the legal rights of their employees, which can have an effect on employee morale and the overall customer experience. With this in mind, how should they handle requests for time off related to court obligations?
What Constitutes a Court Obligation
Regardless of the type of business a shop owner owns, court appearances generally fall into one of three categories: criminal court appearances, jury duty and one-off appearances for more obscure tasks. If your employee is required to appear in court, you need to decide whether you will honor their request for time off. Another consideration is whether you are legally obligated to grant this request.
The Rights of Employers Under Michigan Law
Generally speaking, employers have the following rights under Michigan law when it comes to dealing with employee requests for time off related to court obligations: There are certain exceptions to the above rights. Under the Emergency Management Act (MCL 30.401), the State has the ability to commandeer certain businesses for emergency purposes. If your business is commandeered, you may be required to perform duties outside of your contract with your employee. This would likely be a very unusual situation. Most employers will not be affected by this act.
The Legal Ramifications of Denying Time Off
Your employee may charge you with illegal discrimination if you grant time off to some employees but not to others. The employee may also submit a complaint to the State that alleges that you have violated the law in denying them the right to be absent from work for jury duty or to serve as a witness. If you have done these things, you may be subject to additional fines and legal actions.
How Vitale Collision Repair Handles Employee Time Off
Vitale Collision Repair is a body shop in Michigan that offers many services to their customers. They understand that they must deliver high-quality results to their customers in order to maintain a productive business. Owners of this body shop, like other auto shop owners, must be very aware of workshop morale and how it affects their bottom line. Along with this concern is the obligation to treat their employees lawfully and fairly in all of their business practices. Their solution to this potential conflict was to have an adequate absence policy in place that allows for an employee to request time off for court dates.
In this fashion, Vitale Collision Repair maintains transparency in how it does business, while still keeping its customers happy. Surprisingly, employees that feel that their employer respects their rights are more likely to stay with the company for the long term, thus improving the business’ reputation.
When It Comes to Customer Satisfaction, Fair Policies Make the Difference
Every business owner should have policies in place to guide them and their employees during times of need. Solid business policies reflect a company’s dedication to meeting customer’s expectations and treating their employees right. When everyone understands what is expected of them, everyone wins.
Fair policies apply to every employee equally, without regard to rank or position. This means that managers handle requests for time off in the same manner as they would with an entry-level employee. For example, if a supervisor believes that the employee’s issue is more pressing than a payday loan appointment, they may be tempted to deny them the time off. However, fair and transparent policies should be crafted to apply to every employee as well as the employer.
Court Issues Are Complicated by Precedent
The legal cases related to time off for court issues are numerous, and they often overlap or build upon each other. For example, Davis v. Budget Rent-A-Car of Michigan reaffirmed the precedent of Johnson v. Detroit Receiving Hospital and clarified the application of the WFEA to jury trials. The ruling stated that the courts apply the term “under the jurisdiction of” in relation to the scope of the jury duty. In other words, if the employee is summoned for jury duty, you must grant them the time off. However, jury-duty summons that pertain to a civil case do not require the employer to grant time off.
For Your Peace of Mind and Your Business, Get Legal Help for Your Employee Policy Guidance
The ultimate best practice for all auto shop owners is to have time-off policies in place within your employee onboarding materials. This will minimize any confusion, while demonstrating a dedication to transparency and fairness. If you are unsure how to create a comprehensive policy for your employees, consider seeking legal assistance.