My employer is proposing fining people for accidentally leaving their monitors on overnight - is this allowed?

Question

Just wondered if this has any legal basis given that its not stated in any company handbook or contract - could it be deducted from my slary and if so would I have to pay tax on it ?

Answer 1

Legally sounds very wrong.

Answer 2

I've never heard of an employer doing that. Since the monitors are the property of your employer they can fine you. All they have to do is add it to the employee handbook which changes the hiring agreement. Your employer should provide you with an updated version and expect you to sign a paper saying that you received the update and understand the changes. If you refuse to sign it your employer can and probably will fire you. After they put this into practice the fines will most likely be a direct deduction from your paycheck. ...and you will be paying taxes on the income lost due to the fine because I think legally they can only tap your net (post tax) income (aka take home pay).
Turning off the monitor each night isn't a big deal. It makes the monitor last longer, company saves money on electricity, and it also helps the environment since the electricity isn't being wasted on a monitor that isn't being used.
You can tell Windows to turn the monitor off after certain number of minutes. Right click on your desktop and pick the "Screensaver" tab. Near the lower right corner there is a "Power" button. Click on it and it will open "Power Options Properties" which is also accessible through the Control Panel. You can also use the power options to automatically put the computer in standby or hibernate mode, both which save energy.

Answer 3

Hehehe ... for those that can't read yet, the Asker has said that his employer is considering FINING people, not FIRING them.

I think it's a great idea. We should all do our bit for the environment as far as we possibly can, plus your employer is paying the bill for the electricity that you're wasting.

In terms of whether it's legal or not, I think he probably could get away with it. Employee Handbooks form part of your contract of employment and these are normally revised on an annual basis anyway. I think it all would take is an addition to the handbook and hey presto, it's perfectly legal. Not sure about tax implications though.

Answer 4

I've never heard of anything like this before!

In any case, threatening to dismiss is not right as it is threatening the implied term of the contract - Mutual Trust and Confidence - how can you trust your employer if you think they are going to sack you because you genuinely and accidentally left your monitor on overnight! Pah! Thats a joke.

Either way, they would have to follow the statutory 3 stage procedure as for any dismissal case:
1. Send a letter
2. Invite to a meeting (Disciplinary hearing)
3. The right of appeal

This is important because if they sack you without following teh procedure stated above, it would automatically be unfair dismissal (if you have 1 or more years service).

Should it result in a disciplinary santion, it is likely that it would be a verbal warning, then written warning, then final written before dismissal. As with stage 3 of the procedure, you have the right to appeal - which would probably be based on the perceived unfairness of the decision and the severity of the penalty (dismissal).

I short, it is wrong o so many levels to just dismiss someone on the spot for leaving their monitor on overnight.

Answer 5

YES... but of course they must follow a protocol consistent with the Department of Labor regarding proper warnings (probably 3 strikes).... but it is WRONG.

Unfortunately as the OWNER of the property (the monitor) they have a legal right to sent whatever boundaries they want.

Example if you correspond with legitimate clients at work and you begin to receive non-work related emails from them such as a video or a joke, news article, heartwarming story these are considered non -work stuff... you can be fired for that and an unemployment hearing would side with the employer... SO if that situation developes you must ask the nice client not to do that or at least print out the email and give it to a supervisor to cover your butt.

Answer 6

It is generally illegal to dock an employee's pay without a signed written agreement and a policy that outlines the circumstances under which such a deduction can be made. That doesn't seem to stop bosses from trying this approach, however.

Check with the wage and hour divison of your local department of labor to see what regulations apply in your area.

Answer 7

It would either have to be in the contract of employment you signed when you started or you would have to enter a written agreement legally.

I think its probably an empty threat to try and make you remember. Very unorthodox.

Answer 8

ok,
the only person who can fine you is a judge, or someone given statutory powers to do so (Local authority, DVLA etc)

If your employer tried this see a lawyer asap and take him to court for it!!
It wouldn't be legal even if he includes it in the contract, however he can adjust your next payrise to a lower level than he may have given you claiming that energy costs are to blame, see your union!!

Answer 9

Yes and your employer has the rights. This is to deter wastage and energy savings. We need to exercise caution especially now with ozone thining every minute. It is everybody's responsibility that energies are not abused.

Answer 10

not sure its alloud but i think it is a great idea - it costs the company money and wastes electricity. Its a great way to get people to be more concious of small things that we can do every day to help cool the globe!

Answer 11

We live in a corporate World. An employer does not HAVE to give a legitimate reason for firing someone. It sucks but that's the way it is......if he does and those people who got fired feel as though it's wrong they can go to the labor board and file a claim....