Results 1 to 5 of 5
  1. #1

    Default Missing Too Much Work

    Can an employer fire an employee because they miss to much work? The employee always gave a written note from the doctor, court, daycare etc... This employee has not worked a full year yet so FMLA doesn't apply and it is an at will employment. The employee feels that they couldn't help missing, they had no choice and always gave proof to the employer. Is it's wrong for the employer to terminate them? Does the employee have any rights in this matter?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Missing Too Much Work

    Can an employer fire an employee because they miss to much work?
    Yes, they can, and it's perfectly legal.

    If you're not able to meet your job responsibilities - even if it's from illness - the employer is well within their rights to terminate your employment.

  3. #3

    Default Re: Missing Too Much Work

    What about ADA or is there any exceptions with FMLA?

  4. #4
    Join Date
    Mar 2009
    Location
    Illinois
    Posts
    266

    Default Re: Missing Too Much Work

    Title I requires employers with 15 or more employees to provide qualified individuals with disabilities an equal opportunity to benefit from the full range of employment-related opportunities available to others. For example, it prohibits discrimination in recruitment, hiring, promotions, training, pay, social activities, and other privileges of employment. It restricts questions that can be asked about an applicant's disability before a job offer is made, and it requires that employers make reasonable accommodation to the known physical or mental limitations of otherwise qualified individuals with disabilities, unless it results in undue hardship.

    Full article Here

    As for FMLA you stated that the employee has not been at the company for a full year so FMLA would not come into play.

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

    Default Re: Missing Too Much Work

    There are no exceptions to FMLA - either you're qualified or you're not.

    The ADA does not require unlimited leave or prohibit an employer from terming for excessive absences. A SHORT leave or extension of FMLA (if FMLA applied) might be considered a reasonable accomodation but under no circumstances does an employer have to provide unlimited medical leave.

    There is NO LAW that prohibits an employer from terming an employee for excessive absences. Even if FMLA applied, once the FMLA was up the employer could STILL term the employee if they could not return to work.

    You are wasting your time if you are looking for any kind of statutory prohibition. Once any mandatory (state or Federal) leave that may exist is up, the employee is out of luck.

    1. Sponsored Links
       

Similar Threads

  1. Getting Fired: Terminated for Missing Work Despite Approved Time Off
    By nicedwar in forum Employment and Labor
    Replies: 15
    Last Post: 03-21-2011, 10:55 AM
  2. Denial & Appeals: Denied Unemployment After Missing Work Due to Illness
    By Khasquestions in forum Employment and Labor
    Replies: 1
    Last Post: 05-05-2010, 05:15 PM
  3. Safety and Health: Missing Work Due to Bad Weather
    By smt in forum Employment and Labor
    Replies: 5
    Last Post: 02-10-2010, 03:04 PM
  4. Employer Said I Quit After Missing Work
    By keg112977 in forum Employment and Labor
    Replies: 5
    Last Post: 03-08-2009, 11:26 AM
  5. Medical Issues: Missing Work And Discipline, With Medical Issues
    By Adriesse07 in forum Employment and Labor
    Replies: 4
    Last Post: 05-17-2008, 04:29 PM
 
 
Sponsored Links

Legal Help, Information and Resources