Announcement

Collapse
No announcement yet.

California No call no show - later has excuse

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • California No call no show - later has excuse

    Hello all,

    I have a certain employee who we have had certain problems with in the past.

    I have been working with her and telling her what she needs to work on to get more days/hours.

    She's not the best employee, but certainly not the worst but her attitude is horrible.

    She has been showing up to work late and has excuses.

    The other day she no called no showed for a 10:00 AM shift on 8/8/2013.

    We attempted to call/text her numerous times but nothing.

    Today, 8/13/2013, she walks in with a doctors note excusing her for the day and telling me she wasn't feeling well and throwing up the entire day.


    Now my question.

    What am I to do in this situation?

    Do I fire her or is she protected because of her note?


    Thanks.

  • #2
    Unless her illness is a serious one that is protected by FMLA, a doctor's note has no force in law. A garden-variety upset stomach is not going to be covered by FMLA.
    I am not able to respond to private messages. Thanks!

    Comment


    • #3
      You "can" terminate her. As noted above, a doctor's note has no force in law except in job protected leave such as FMLA.

      It's best though that you have all her lateness & absences documented. (hopefully you do) It seems she has been notified/warned about this.
      Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

      Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

      Comment


      • #4
        One thing to add to this. Also this is my father's store and I do not work there.


        On October 2012 this girl claimed she was being sexually harassed by a fellow employee.

        I investigated the matter and terminated that employee, even though it was the girl who was at fault.

        I asked and have in writing statements from different people who worked with her and they all say that she was the one who was flirting with him on numerous occasions and only when her boyfriend came into work did she claim sexual harassment.

        She has been working for me since and been a real pain.

        Has threatened numerous times to sue for sexual harassment.

        Her hours have been decreasing over the months and she is currently at 2-3 days / 10-15 hours.

        I have called my lawyer concerning the lawsuit threat on sexual harassment and he has told me to play peaceful until at least this October.



        I hope that wasn't too confusing, but I do want to get rid of her but fear being sued.

        When talking to my lawyer he was fine to fire her up until I had told him about the sexual harassment issue.

        Thoughts?

        Comment


        • #5
          OK this is what I get from your posts - this employee worked for your father but after she claimed the harassment she started working for you instead? Please clarify.

          That said, she has no legal right to sue for sexual harassment if the harasser is gone and the harassment has therefore stopped. Period.

          Comment


          • #6
            giving an excuse 5 days later is unacceptable. Even if she was sick one or two days. There was plenty of time in between to communicate quicker. When she walked in with the note, I would have told her that she had been terminated since she failed to call or show for 3 days (normal no call no show policy). I would terminate even with her threats. Especially if you have or would have terminated anyone else who hadn't made a sex harass complaint.

            I would be careful however about assigning blame in the sex harass situation. Personally I would not have terminated the male in the situation but would have done a stern warning to BOTH of them after the investigation.

            That said if you have already spoken with an attorney about her, I would go back with your fresh current facts and see if it will make a difference from their point of view.

            Comment


            • #7
              Originally posted by eerelations View Post
              OK this is what I get from your posts - this employee worked for your father but after she claimed the harassment she started working for you instead? Please clarify.

              That said, she has no legal right to sue for sexual harassment if the harasser is gone and the harassment has therefore stopped. Period.
              No, I have nothing to do with her. It's my dads store that I used to help out at and he asked me to post this problem on his behalf to see what you all would think about it.

              Also to clarify, she has been telling my dad that he has been retaliating to her by cutting her hours ever since she claimed she was being sexually harassed.

              Comment


              • #8
                Originally posted by hr for me View Post
                giving an excuse 5 days later is unacceptable. Even if she was sick one or two days. There was plenty of time in between to communicate quicker. When she walked in with the note, I would have told her that she had been terminated since she failed to call or show for 3 days (normal no call no show policy). I would terminate even with her threats. Especially if you have or would have terminated anyone else who hadn't made a sex harass complaint.

                I would be careful however about assigning blame in the sex harass situation. Personally I would not have terminated the male in the situation but would have done a stern warning to BOTH of them after the investigation.

                That said if you have already spoken with an attorney about her, I would go back with your fresh current facts and see if it will make a difference from their point of view.
                I talked to one of the managers who told me she called him at 6 PM that night when her shift was at 10 AM. He was eating dinner with his family and did not pick up. Calling the store directly usually doesn't work because we are flooded with advertisement/salesman calling all the time so we don't generally pick the phone up. My dad's number is also listed and most employees call him directly so I don't know why she didn't bother to text/call him when she didn't get through to the manager.

                Comment


                • #9
                  I would terminate strictly based on the NC/NS. I would not get into the other issues at all. She didn't contact anyone in any way until well after her shift was over and then it was lukewarm attempt. Unless you have allowed others to get away with this, I would term now. Keeping her on does not ensure she will not try and file a claim for SH, retaliation or anything else. I would make sure Dad has a good reason for having cut her hours but I wouldn't accept terrible employee habits out of fear. I have no idea why you would fire someone who did nothing wrong in favor of a problem employee but that is water under the bridge now.

                  The take away from all this is when you have a problem employee, you need to document and deal with the situation as soon as it become apparent. Waiting and hoping it goes away or the employee has a miraculous change in behavior can come back to haunt you.
                  I post with the full knowledge and support of my employer, though the opinions rendered are my own and not necessarily representative of their position. In other words, I'm a free agent.

                  Comment

                  Working...
                  X