Safe or Sorry

I need your opinions on a prospective termination. Our receptionist has had an attendance problem. She has had many warnings, and received a final warning that the next 90 days were crucial to her continued employment. It stated that she would be terminated at the next offense. Today, she went to her supervisor inquiring as to why she didn't get a raise. (The annual raises were just awarded). She was told that her history of attendance problems were a factor. She says she has no child care back up and has to attend her children when they are sick. The reception has to be manned every hour of the business day. Missed time cannot be made up; and the back up reception comes from people who have other full time duties. They cover breaks and lunches. They are called on much too often when she is not there. Anyway, she got miffed because she didn't receive the raise, so she suddenly said she was sick and left. Thus, another fulltime back up person has to fill in. Other employee mothers also have to take time for sick children, however, there jobs are more flexible, their time can be made up, no one has to sit in their chair when they're gone. If we terminate her, based on her final warning, can she hang us because other mothers are absent for child illness? Her job description states that 'above average dependability is essential and required in regards to attendance and tardiness for the Reception position. This position must be 'manned'at all times and is critical to Comapny operations. Because of this, the Receptioinist position does not have the work schedule flexibility that other administrative positions may have.' There was no evidence she was sick when she left, and she had no sick child. She was disgruntled, and added to her attendance problem when she left early. Can I safely terminate??.

Comments

  • 17 Comments sorted by Votes Date Added
  • Getting miffed about not receiving a raise, suddenly becoming ill and walking off the job without so much as a by your leave? As long as everything you've done is in policy guidelines, sounds like she's cooked her goose.

    Every job has it's requirements. When an employee does not meet the position requirements - in this case attendance/dependability - it's not discrimination to term her simply because there are other positions in the building she could have gone to that do not have that requirement or are more flexible.
  • Anyway, she got miffed because she didn't receive the
    >raise, so she suddenly said she was sick and left.
    >Her job description states that 'above average dependability is
    >essential and required in regards to attendance and tardiness for the
    >Reception position. This position must be 'manned'at all times and is
    >critical to Comapny operations. She was disgruntled, and
    >added to her attendance problem when she left early.

    Going by the above info I think I'd term. Was she authorized to leave? If not then it was that one more incident that was going to get her termed according to her final warning. I like how the job description depicts the need and importance of the attendance. She didn't adhere to that- assuming she is aware of the job description. Bottom line- she was on final warning- she left unauthorized (if that's the case)- I'd let her go. Get your documents ready for the UI claim. Let's see what the others say. I could be way off base. :)

  • Sounds like you've covered your bases well. She made her decision to leave knowing what the ramification would/could be... as someone told me once when I had a similar situation, get her a get well card to read in the unemployment line.x}>
  • peco, that was me in your "her nose is growing" post! :) I'm glad to see you remembered it. It fits for this situation too. I keep a full supply of get well cards in my office.
  • and I thank you, I chuckle every time I think of it!
  • Under the circumstances you provided, I agree with other posts and would terminate!
  • I agree - terminate as long as you've got everything documented. Let us know how everything turned out.

    LFernandes
  • Fire her. Why did she not work on back up daycare? It is not easy but it is needed. Don't sweat it, you informed her what would happen if she missed again.
    My $0.02 worth.
    DJ The Balloonman
  • Let me add to this story......this girl is a single mom, and in terrible financial straits. Her supervisor is leaning heavily on the moral issue here. This company has to decide if it's going to run the place on moral issues or with productivity in mind. I am just worried because there are others whose jobs DON'T require above average attendance that have missed as much as she has, but still have their jobs. Would the EEOC recognize the need for higher attendance expectations for the reception position versus a more relaxed requirement in other areas??
  • We had the same problem with a receptionist in our co., but in her case she couldn't understand why the rest of us had more flexible schedules and she was (in her words) "chained to the desk." In the job description, exemplary attendance and dependability is an essential function of the position and is not in the job descriptions of our other positions. We termed based on attendance and had no problems with any regulatory agency.
  • I don't mean to pick on you and I hope this doesn't come across that way. I think you would do a diservice to the other hard working single parents (of which I'm one, admit to a biase) if you treat this person anyway other than the way she deserves based on her actions/performance. She is an adult and should be responsible for her actions. Don't send a bad nessage to your other employees by rewarding her inappropriatly for her performance.

    Am I mean today or what?
  • Before you terminate, have you reviewed FMLA regulations?
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-08-03 AT 11:13AM (CST)[/font][p]We have three receptionist positions at our company that must be manned during all business hours. It simply is not possible for the people in these positions to never miss work for illness or family problems. We decided to train back up receptionists who are on call. It has worked out great for us. We have three people who like to work occasionally and are able to come in at short notice when needed. Many of the absences are planned vacation days that can be scheduled ahead, but if someone is ill, we can cover their shift without problems. It has made our permanent receptionists happy and they have stayed with us for several years. The backup receptionists are happy to earn a little extra money and keep their skills sharp. I often have employees ask me if we are looking for any more back up receptionists because their spouse would like to work a few hours. This has been a great solution for our company.
  • Barb: I am working on a similar problem with a male employee. He wants to be able to leave early every day to pick up his child from a daycare that will not keep them after 5PM. He states his wife's job will not let her off. This will be to the detriment of the other employees in the department who will have to stay late to accomodate him. They wouldn't mind doing it to help him out once in a while, but they don't want to have to be his surrogate babysitter.

    I know it's difficult for some parents to integrate child care issues with their jobs, and it's easy to get caught up in their problems. But you have to look at it from the point of view that everyone should have some type of backup for child care because it is a given that children will get sick. Parents have to take the responsibility of sharing the issues with each other. Each take half a day or trade off sick days for child care or something. If this can't be done, then arrangements should be made with a friend, neighbor, a considerate daycare or something. If you make all the concessions for the employees who have children and the other employees have to bear the brunt of this, then you will begin to have a morale problem.

    Unfortunately, in your case, the duties of the receptionist demand that she be at her desk. When she is unable to be there, someone else has to fill in for her. This does not seem to be a workable situation. In my estimation, she cannot perform the duties of her job so I would suggest termination.

    Yes, please check to see if she qualifies for FMLA.

    Good luck to you.


  • FMLA does not apply unless her child has a compelling medical issue, or is a newborn, or was recently adopted/foster child. Basic childcare is not covered under FMLA. So she has documented attendance problems and has the gall to have a hissy fit over not getting a raise!?!? She is asking to be terminated.
  • [font size="1" color="#FF0000"]LAST EDITED ON 04-07-03 AT 09:26AM (CST)[/font][p]The end of the story: I worked until 9:30pm gathering all my information the day she walked out mad. I composed a termination letter, ran her attendance, copied her final warning, etc. etc. The next day I came in and was going over all this with her supervisor. The CEO comes in and says he received her resignation via email. She sent the resignation to several people, but excluded me. Now I'm even more annoyed with her. I wasted my time!
    It was not an FMLA related issue, it was a cold here, an upset stomach there, just 'one day, two at the most events'. Thanks to all of you for your quick and very helpful responses. You guys are the greatest!
  • Sounds like the person I terminated (or tried to, anyway)in February. Didn't know she'd gotten another job so quickly. x;-)
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