How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Allen M., Esq. Your Own Question
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 18814
Experience:  Employment/Labor Law Litigation
20011183
Type Your Employment Law Question Here...
Allen M., Esq. is online now
A new question is answered every 9 seconds

I have an employee who missed 2 days out of 4. Then he hurt

Customer Question

I have an employee who missed 2 days out of 4. Then he hurt his finger on the weekend (not at work) and his job is digging holes (we own a fence company). I also heard from another employee that he possibly may have another job and could quit. Do I need a reason to let him go. Can I hire somebody right away after I let him go. We are in Massachusetts.
Submitted: 5 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 5 months ago.

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

Unless he has a contract of employment specifically stating that he can only be terminated for cause, he is an "at will" employee and you can release him based on his missing those days (or even because you just didn't like him).

His being hurt is not related to work and, because the missed days don't relate to his hurt finger, he can't even claim that we is being terminated for missing days for "medical reasons."

You can terminate and immediately hire a replacement.

If you have any further questions, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a top-three rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

Expert:  Allen M., Esq. replied 5 months ago.

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.