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RobertJDFL, Attorney
Category: Legal
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Experience:  Experienced in multiple areas of the law.
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I recently terminated an employee because she did not report

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I recently terminated an employee because she did not report to work for three consecutive shifts. I left messages on her landline and mobile every day that she missed.On the third day I left her a message letting her know that due to job abandonment I had to let her go. Her mother has since filed a grievance claiming I am a bad manager and that I have manipulated the schedule to terminate her daughter. What is the best way to handle this? The three days in question were part of a long weekend and I had many staff requesting time off. I try to accommodate staff with requests but i never promise or guarantee that they will get is all based on the needs of the business.
Submitted: 5 years ago.
Category: Legal
Expert:  RobertJDFL replied 5 years ago.


Thank you for your question. After reading my answer, please do not hesitate to reply if you have additional questions or need more information. If you have no questions, I ask that you click the ACCEPT button so that I am paid for my time. As I do this for a living, not a hobby, please honor and respect the honor code, and compensate me for my time as you would any other professional.


The best thing you can do is document all the steps you took to notify the employee and the absences they missed to show the reason for the termination. Honestly, I wouldn't be too concerned in this situation. Unless the employee is covered under an employment contract or collective bargaining agreement, they are an at will employee. That means as their employer, you can terminate them at any time, for any reason, with or without cause, as long as the termination wasn't for an unlawful reason, such as discrimination.


Since the termination here was for good cause (missed work) it was perfectly legal.


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