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  1. #1
    Join Date
    Oct 2014
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    1

    Default Fired for Missing Work Due to Car Problems

    My question involves labor and employment law for the state of: Ohio
    I was the GM for Hot Head Burritos, Ohio. Thusday 10-2-2014 a walnut shattered my windshield and I called my boss and told him i was unable to work Friday 10-3-14 do to having my windshield replaced. My boss responded to my message with "I am sorry about your windshield but that is not an acceptable reason to miss work. I expect you to be there to open tomorrow." I have never been written up for calling off or missing too many days. I was never given a employee handbook when i started on 09-26-2012. I had recived a text from another employee that works there with what he sent out to all employees with the new schedule and this is what it said, "Everyone, Just in case you have not heard, [ShortyMae] is no longer employed with HHB. She was having trouble adhering to the attendance requirements of the job so I decided to make a change. I will be interviewing management candidates over the next couple of weeks and hopefully will find someone that will be a good fit for our store and help us all grow the business." This is slander and he had no right to tell other employees what he did. He has asked for his store key back, I told him when i get my check i will return his store key and i have not received a reply. I was wanting to know if this in legal or if I can do anything about this?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Fired for Missing Work Due to Car Problems

    Quote Quoting ShortyMae
    View Post
    My boss responded to my message with "I am sorry about your windshield but that is not an acceptable reason to miss work. I expect you to be there to open tomorrow."
    There is no law that requires an employer to allow you to miss work over car trouble.
    Quote Quoting ShortyMae
    I have never been written up for calling off or missing too many days.
    It doesn't matter. Absent a collective bargaining agreement or a contract of employment that holds otherwise, you are an at-will employee and can be fired at any time without cause.
    Quote Quoting ShortyMae
    I was never given a employee handbook when i started on 09-26-2012.
    That doesn't matter, either.
    Quote Quoting ShortyMae
    I had recived a text from another employee that works there with what he sent out to all employees with the new schedule and this is what it said, "Everyone, Just in case you have not heard, [ShortyMae] is no longer employed with HHB. She was having trouble adhering to the attendance requirements of the job so I decided to make a change. I will be interviewing management candidates over the next couple of weeks and hopefully will find someone that will be a good fit for our store and help us all grow the business." This is slander and he had no right to tell other employees what he did.
    There is no law that prevents an employer from announcing to other employees, or to the world, that he has fired an employee or why he fired the employee.

    The statement to which you are taking issue is presumably, "She was having trouble adhering to the attendance requirements of the job". I know you claim that you weren't written up over prior attendance issues, but that's the sort of statement I associate with an employee who has more than one unscheduled missed day of work or who also has a history of being tardy. That said, even if this was the one and only incident of your inability to appear for work as scheduled, his attendance requirement apparently was, "Get to work, even if you have to bum a ride, call a cab, take a bus, ride a bike or walk," such that you didn't meet his attendance requirement. It may not be fair, but from what you've told us it's not untrue.
    Quote Quoting ShortyMae
    He has asked for his store key back, I told him when i get my check i will return his store key and i have not received a reply
    You have no right to withhold his key.

    Ohio has no special law that requires your final paycheck, following termination, to be issued in advance of the regular pay date.

  3. #3
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fired for Missing Work Due to Car Problems

    Quote Quoting ShortyMae
    View Post
    My question involves labor and employment law for the state of: Ohio
    I was the GM for Hot Head Burritos, Ohio. Thusday 10-2-2014 a walnut shattered my windshield and I called my boss and told him i was unable to work Friday 10-3-14 do to having my windshield replaced. My boss responded to my message with "I am sorry about your windshield but that is not an acceptable reason to miss work. I expect you to be there to open tomorrow." I have never been written up for calling off or missing too many days. I was never given a employee handbook when i started on 09-26-2012. I had recived a text from another employee that works there with what he sent out to all employees with the new schedule and this is what it said, "Everyone, Just in case you have not heard, [ShortyMae] is no longer employed with HHB. She was having trouble adhering to the attendance requirements of the job so I decided to make a change. I will be interviewing management candidates over the next couple of weeks and hopefully will find someone that will be a good fit for our store and help us all grow the business." This is slander and he had no right to tell other employees what he did. He has asked for his store key back, I told him when i get my check i will return his store key and i have not received a reply. I was wanting to know if this in legal or if I can do anything about this?
    for future info:

    there are companies that will come to your workplace and replace the windshield on site.

    they will also replace it if the car is at your house, even if you are not, if you coordinate it with them (often a pay in advance but not always).

  4. #4
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Fired for Missing Work Due to Car Problems

    You seriously tried to call off work due to a crack in your windshield!!! At your next job I suggest you use an oil change excuse. I would have fired you in a minute.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Missing Work Due to Car Problems

    Thusday 10-2-2014 a walnut shattered my windshield and I called my boss and told him i was unable to work Friday 10-3-14 do to having my windshield replaced.

    Not a wise move but okay.

    My boss responded to my message with "I am sorry about your windshield but that is not an acceptable reason to miss work. I expect you to be there to open tomorrow."

    Then you needed to be there.

    I have never been written up for calling off or missing too many days.

    Irrelevant. Nothing in the law says you have to be written up before you can be fired.

    I was never given a employee handbook when i started on 09-26-2012.

    Irrelevant. There is no law requiring that there BE an employee handbook, let alone that you be given one.

    I had recived a text from another employee that works there with what he sent out to all employees with the new schedule and this is what it said, "Everyone, Just in case you have not heard, [ShortyMae] is no longer employed with HHB. She was having trouble adhering to the attendance requirements of the job so I decided to make a change. I will be interviewing management candidates over the next couple of weeks and hopefully will find someone that will be a good fit for our store and help us all grow the business."

    Sounds accurate to me. You were specifically told that you were to report to work and you didn't.

    This is slander

    No, sweetie, this is not even in the same state, let alone the same ballpark, as slander.

    and he had no right to tell other employees what he did.

    Actually, he had every right.

    He has asked for his store key back,

    Then I suggest you give it to him. Truly, it's in your own best interest that you do so.

    I told him when I get my check i will return his store key and i have not received a reply.

    He does not owe you a check until the next regular payday. If he does not pay you then, you can file a claim with the state but he is under no legal obligation to pay you early and you, my dear, have no legal right to hold his key hostage.

    I was wanting to know if this in legal

    Yes. It is.

    or if I can do anything about this?

    You can file for unemployment and look for a new job. Nothing you have posted suggests you have any legal recourse against your former employer. He, however, will be able to take legal means against you if you do not turn in your key and soon.

  6. #6
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Fired for Missing Work Due to Car Problems

    A word to the wise;

    if if the boss is not going to re-key the store if you return the key, great. If he re-keys the store because you will not return your key, expect to get a bill for the cost to re-key they building.

  7. #7
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Fired for Missing Work Due to Car Problems

    And if the boss discovers ANY inventory shortage while you still have the key that you are NOT entitled to have any longer, expect to be held responsible.

  8. #8
    Join Date
    Jan 2010
    Location
    New Jersey
    Posts
    3,666

    Default Re: Fired for Missing Work Due to Car Problems

    I'll agree, not returning the key was a dumb idea. What happens to the store from the time you refused to return the key until the time you do return the key, can come back to you as the number one suspect. And hopefully they don't decide to re-key the store and sue you in small claims court for the locksmith services which can run into hundreds of dollars.

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