Can I please terminate???
T
175 Posts
I have an ee who consistently misses their Saturday work day. These Saturday's are mandatory work days. Something always comes up where she can't come in. We have done progressive discipline and in her file there is a final written warning that states "any more infractions will lead to dismissal".
Well, this Saturday is her mandatory work day and conveniently she now has a staff infection or something that she has managed to get a doctor to put her off work until Monday. Is a staff infection a series health condition or does it matter? and can I terminate this ee on Monday morning when she gets in.
I don't want to be in court over this.
Thanks.
Well, this Saturday is her mandatory work day and conveniently she now has a staff infection or something that she has managed to get a doctor to put her off work until Monday. Is a staff infection a series health condition or does it matter? and can I terminate this ee on Monday morning when she gets in.
I don't want to be in court over this.
Thanks.
Comments
That being said...you've moved up the disciplary chain...and if you cannot terminate this Saturday, you know another opportunity will come to you.
Do you have any policies dealing with employees coming to work with contageious diseases? Or placing limitations on the work that may be done by a person that has, say pink eye? If not, you may want to consider some policies like this...
Thanks for your input.
My $0.02 worth.
DJ The Balloonman
If sick leave was not involved and you do not have a no-fault policy in place, then, in my opinion, you should heed the advice of others and not terminate. I agree with Balloonman's prediction of future opportunities in the very near term.
If none of her absences qualify for FMLA and you have followed your attendance policy, terminate.
If none of her absences qualify for FMLA and you do not have an attendance policy, have you treated others in similar situations the same? If so, terminate. This is not legal advice.
Progressive discipline & the doctor's note aside (it's been well addressed in the previous posts - great advice & my dollar bet is on the two week side), is your company At Will & does it state its At Will status throughout your policies? Because if you are and they do - you can terminate at any time - the classic - "not the right fit" termination discussion. By doing so, you will most likely pay UI, but that may be a small price if the ee is a problem ee. Just my thoughts. (Disclaimer: You could run into problems with this advice if you're public sector or union - if you're private - you should be okay.)
Thanks again.
'wrong' reason, and in the at will states, some statutory violation is the only thing employees have left to sue on.
We put a point attendance plan in place. Now unless the absence is covered by FMLA, funeral leave, etc. - it counts against the employee. It's easier to administer and removes any favoritism.
Any input would be appreciated.
Thanks for everyones comments.
-T
Start with 0 points.
Absence - 2 points
Tardy/leave early - 1 point
1st counseling statement - 11 points
2nd counseling statement - 16 points
termination - 21 points
Points remain on for 1 year.
1 clean calendar month - (-1) point
3 clean calendar months - (-1) bonus point
6 calendar months w/o attaining any points (based upon anniversary year of ee) - $100 bonus
VERY successful program.
Thanks.