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5th Circuit ruling highlights pros, cons of employee attendance point systems

April 2025 employment law letter
Authors: 

Jacob M. Monty, Monty & Ramirez, LLP

A recent decision from the U.S. 5th Circuit Court of Appeals (whose rulings apply to all Texas employers) serves as a compelling example of how a well-implemented employee attendance point system can support an employer’s nondiscriminatory decision to terminate an employee for attendance policy violations. However, employers must still be cautious to ensure compliance with applicable laws when implementing such attendance policies.

How employee attendance point systems can benefit your business

Employee attendance point systems are a common method used by employers to manage and track employee attendance. The systems assign points for attendance infractions, such as tardiness, absences, or early departures. The employer keeps a record of each employee’s attendance points over a specific period, typically a rolling year. When an employee accumulates a certain number of points, it triggers specific actions, ranging from a verbal warning to more severe consequences like suspension or termination.

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