What Is Prior Notice

By L. Spriggs

In a nutshell, your employer can't discipline you for violating a rule or standard if they haven't made clear what the rule or standard is by notifying you prior to the offensive behavior. 

It's an employer's duty to establish rules and procedures of conduct in the workplace; otherwise, how is an employee to know what is allowed and what is forbidden? For that reason, it's also their duty to notify you of those rules and procedures as well as any potential penalties that may result. 

Some behaviors, however, are self-evidently wrong, and employers aren't required to publish rules about those behaviors (e.g., lying, stealing, fighting, sleeping on the job, etc.), so keep in mind you can still be disciplined for such offenses even without the rule having been previously posted anywhere. 
​
Employers can publicize rules in a variety of ways, such as memos, bulletin boards, emails, faculty meetings, announcements, contracts, etc., and the assumption is that employees read and understand rules that are posted or disseminated in the workplace. In other words, if you don't read your emails and you end up missing a posted rule as a result, the union can't claim ignorance on your behalf in order to get you out of a punishment, so if you're reading this and you're one of those people who either proudly or sheepishly claims to not read their emails, start reading your damn emails if you expect your union to have your back.