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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20392
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Ok I've got a question... I moved across the country to this

Customer Question

Ok I've got a question... I moved across the country to this new job about a year ago. In November I just came off workers comp and had two instances where I slept through my alarm and my manager called and woke me up and I came into work, being at most one and a half hours late each instance. They termed these instances no call no show... And then I had another instance due to abusive home life issues (now resolved!!). They told me this is considered abandonment and took my badge and sent me on my way... Is this legal? I'm fine to face the consequences of my tardiness if it is, but something in my guy is telling me I need to look into this... I'm now stranded thousands of miles from family and friends, frantically searching for a new job and potentially having to pack up and move yet again. Help!
Submitted: 2 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 2 years ago.
Thank you for the information and your question. Unfortunately, unless you have a contract or company policy that provides you more protection, not only could your employer let you go for any, or no, reason and no notice, but they can also let you go for cause for "no call, no show." No call, no show is considered to have occurred anytime an employee is not at work when they are scheduled, regardless of the reason. Whether your last incident was job abandonment I can't say, but it could still be considered cause if you didn't show to work or call.
If you did call and had permission not to come in then it wouldn't be "no call, no show" or job abandonment. In this situation, the only other exception to your employer's right to let you go, with or without cause, is that they can't target you for different treatment from other employees who have done the same thing merely because of your sex, race, national origin, age (over 40), religion, disability, pregnancy, or AIDS/hiv status.
So, if one of the exceptions does apply in your case, you should sit down with a local employment law attorney and discuss your case. If not, then the termination would have been lawful. That said, you can still file for UI benefits and although your employer will likely dispute your eligibility, you can appeal a denial and then your employer will have to prove that you did what they said (abandoned your job). If the hearing officer sides with you, then you can received UI benefits.
Just keep in mind that qualifying for UI benefits has nothing to do with whether or not you were lawfully terminated. It is a totally different set of laws.
Please feel free to ask for clarification. I would be glad to assist you further if I can.
Expert:  Marsha411JD replied 2 years ago.
Hello again,
I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 13th. For some unknown reason, the Experts are not always getting replies or ratings (in the pop up box, which is how we get credit (paid) for our work) that the customer thinks have gone through. In your case I received neither. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed. You can bookmark my page at:
Thank you.