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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11033
Experience:  Significant experience in all areas of employment law.
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If A SUPERVISOR in CA has an employee with an attendance problem

Customer Question

If A SUPERVISOR in CA has an employee with an attendance problem does the supervisor have to review the entire teams attendance?
Submitted: 4 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 4 years ago.
Hello and thank you for entrusting me to answer your question.

Unfortunately, an employer has no obligation to review the attendance records of other employees before initiating discipline or terminating one employee for attendance problems.

In the state of California, an employer is free to discipline or terminate an employee for any reason or no reason, provided the motivation is not discriminatory (i.e. based on the employee's race, religion, ethnicity, etc.) or expressly in violation of the employee's contract. This remains true even if the basis for discipline or termination is highly unfair (for instance, if other employees are also having attendance problems) and even if the basis for discipline or termination is a false belief (for instance, the employee never actually had an attendance problem).

I am sorry to deliver this news to you, as I realize this is not what you were hoping to hear. If it is any consolation, I believe the law is unfair in this respect. Of course, you are here not because you want an opinion on what the law should be, you are here because you want to know what the law actually is in this instance. Accordingly, I hope you will appreciate my very direct response to your question.

I sincerely hope that this information helps you and I wish you the best.

My absolute greatest concern is that you are satisfied with the answer I provide, so please do not hesitate to contact me with follow-up questions. Also, please bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.
Customer: replied 4 years ago.

So, the attendance issue is for the specific employee only and not the entire team.

Isn't this confidential information?

What if the disciplined employee files a law suit?

Expert:  Patrick, Esq. replied 4 years ago.
Unfortunately, an employee does not have a right to privacy when it comes to their attendance record or for that matter any aspect of their employment. Regrettably, there is no legitimate basis to file a lawsuit on the facts that you have described, so any lawsuit would likely be immediately dismissed.

Again, my number one goal is that you are satisfied with my answer, despite the information not being what you had hoped to hear. I am again truly sorry I do not have better news to tell you.

If you still require further clarification, I am happy to continue assisting you.

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