if I’ve never called out of work and there has not been any Performance Discussion/Counseling or Written warnings for absenteeism. All other time that I have been out it was approved time. Understanding that I can be written up for the absenteeism at this particular time is because we are going through a huge management change and there is only myself and the Director in HR. The DHR was suppose to hire a temp to assist in projects and changeover and has not. The department is also short another Manager. I am an exemplary employee. At work every single day-)other than approved time off)with a smile and complete assigned projects to the utmost satisfaction with a smile, working 55 hours a week on average. Is it legal for the DHR to terminate my employment and I have a court summons to be at court causing my first unapproved time off?
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Can An Employer Terminate Employment For Excessive Absenteeism?14 comments to Can An Employer Terminate Employment For Excessive Absenteeism? |
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Depending on the state in which you reside, if you don’t belong to a union, then most positions are considered “at will” employment which translates as, they can fire you at any time without a reason other that they no longer wish to employ you. So, in answer to your question, yes, they can fire you.
only if the policies is applied all the way to the CEO
yes he can do what he wants he owns you
to answer the original question yes you can be terminated from a job for excessive absenteeism. As far as your particular situation. Did you do a no call no show on your unapproved day off or did you call in? No call no show is usually grounds for immediate dismissal. I think you should look back through the handbook you were given when you were hired to see what the true policies are concerning your employment. I hope this helps. Good Luck!!
No, in your situation it is NOT legal. I suggest you see an attorney immediately. However, they CAN require you to produce a copy of your summons order AS WELL AS documentation that you actually showed up for court. When you see the attorney I strongly suggest that you take a copy of your termination notice, your summons, and your employer’s attendence policy. If you were fired for that reason specifically then yes you do have a cause of action and there is a VERY good chance you will prevail.
Yes….
Most employers have something called verbal warnings.
Which are the same as written warnings.
Most employers don’t tolerate absenteeism, whether excused or not. Your supervisor may say its OK but the personnel dept may not agree.
I know people that have got fired for that. You need to tell the whole story. It’s got to be more than that. Call the Department of Labor if you think this has no merit.
Most employment agreements are voluntary, meaning they don’t really have to have a reason to fire you. Now if you signed a contract, then of course that will dictate the terms of what they can and cannot do. It seems logical to me that your reason for being absent would be an approved absence. Did you not tell anyone before you were absent?
Usually, yes.
Depends on several things: If it’s an “At Will” company, then you’ve got no recourse. It means they can terminate your employment at any time and don;t have to give a reason.
Read the manual, if they have one. Two consecutive days of no call, no show usually constitutes job abandonment. Other guidelines will be in the employee manual.
yea I bevlive they can if you miss to much work because they could be short handed they also put on your file
From the story you told your job sucks. I’d be looking for another job anyway. Termination might not be the worst thing that could happen to you. It would open up a world of possibilitys. Good luck.
Am I correct in understanding that you have been fired, or are about to be fired for attending court on a summons?
If that is what it is, then where I come from, that is an absolute grounds for taking action with the Labour Board.
I live in Ontario Canada, & employers MUST give their employees time to be absent for attending court, Jury Duty, & voting in Municipal, Provincial, & Federal Elections.
Yes, the company can terminate a person at will. Most states have a clause that allow workers to leave with notice and the company to fire people at will. Most companies have a structure that they use prior to firing someone. In your case it might be more the court summons than the absenteeism.
Methinks there’s another side to this story that would help prepare a balanced response.