Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Ok I've got a question... I moved across the country to this…

Customer Question
Ok I've got a 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: 3 years ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 10 hours by:
6/13/2015
Employment Lawyer: Marsha411JD, Lawyer replied 3 years ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified
Hello,
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.
Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 3 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: http://www.justanswer.com/law/expert-marsha411jd/
Thank you.
Ask Your Own Employment Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with an employment lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,986
20,986 Satisfied Customers
Experience: Licensed Attorney with 29 yrs. exp in Employment Law

Marsha411JD is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

I must thank you all for such a positive and knowledgeable Expert in your Employment Law category. She has provided much relief and answers for me in the midst of dealing with a case. I am totally pleased with her customer service and care.

MildredWashington, DC

Excellent direction from Socrateaser to help me preserve and pursue my rights as a proud American who has become unemployed in this messed-up economic downfall. Thank you

Happy CustomerDenver, CO

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

< Previous | Next >

Meet the Experts:

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

13,334 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,986 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,478 satisfied customers

Licensed attorney helping employers and employees.

JB Umphrey

JB Umphrey

Lawyer

6,273 satisfied customers

Assisting employees and employers for over 14 years.

John

John

Employment Lawyer

4,029 satisfied customers

Exclusively practice labor and employment law.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

3,007 satisfied customers

I provide employment and discrimination law advice in my own practice.

ScottyMacEsq

ScottyMacEsq

Lawyer

2,893 satisfied customers

Licensed Texas General Practice Attorney

< Previous | Next >

Related Employment Law Questions
My question is regarding the validity of a "Last Chance
My question is regarding the validity of a "Last Chance Agreement" drafted in the state of New York. This agreement was drafted due to tardiness, however the Employee Handbook clearly references that … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
13,334 satisfied customers
Im looking for a workmans comp lawyer as my question
im looking for a workmans comp lawyer as my question pertains to thqat … read more
John
John
Employment Lawyer
Doctoral Degree
4,029 satisfied customers
I am on the No Hire even as a contractor list for a large
I am on the No Hire even as a contractor list for a large software company and I managed to get hired by a subcontractor (there are several layers between me and the company). I thought I found a clea… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I try to renew my company badge ask permission to superior
i try to renew my company badge ask permission to superior they allow me while iam on clock in the prob is my office made a mistake in my application needing to go out the building (means going to the… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I was with a company years. salaried. ghly stressful, no
i was with a company for 11 years. salaried. highly stressful, no breaks, sometimes long hours. (scheduled 50 hrs a week...sometimes less and often times more). this past year i've sort of checked out… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have orientation with RK mechanical in Denver tomorrow I
I have orientation with RK mechanical in Denver tomorrow I have not slept in days and am considering to go to an emergency room because my blood pressure is 210 over 120 and I want to know if I can be… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
I was terminated from my job that I held for 10 years due to
I was terminated from my job that I held for 10 years due to tardiness. For the past 1 1/2 yrs I was working consistently 3rd shift, 11pm to 7am, 40 hrs per week. My days off were not consistent but v… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,474 satisfied customers
I am from Michigan. I applied on line for jobs. I was contacted
I am from Michigan. I applied on line for jobs. I was contacted by Merrymaids service, here in St. Petersburg Florida. The owner to the franchies He said he was interested in hiring me. So he faxed me… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
Hello, Im 64, female, working as a counselor for a non-profit.
Hello, I'm 64, female, working as a counselor for a non-profit. I'm one of two employees, the other a woman, age 56. Our corporate office in another state has chosen another office for us to move into… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I am no longer an employee effective 05/03/2012. I worked for
I am no longer an employee effective 05/03/2012. I worked for a small business as an office manager since August 2011. On March 20th I was asked to be project manager as well for an intercompany owned… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
This how it began I think I maybe a victim of retaliation,
This how it began I think I maybe a victim of retaliation, we got a new department manager. I had been working weekends for over a year before the new manager came. A few employees complained about it… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
20,986 satisfied customers
I was terminated from my job on 2/1/11. Denied UI benefits.
I was terminated from my job on 2/1/11. Denied UI benefits. My appeal with the tribunal is wednesday. I was terminated for attendance. My attendance was not bad at all. Late once, missed twice, both a… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
/I was told my position was being eliminated, they demoted
/I was told my position was being eliminated, they demoted me and I took a salary cut. This was about a year ago. I was the only person in my company that this happen to, other people with my title in… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
Hello, I was fired from a retail job (selling shoes) on November
Hello, I was fired from a retail job (selling shoes) on November 4th. I was the assistant manager. In the past, I have had an issue with tardiness, and have had writeups/warnings about my behavior. Ho… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My adult son has a cognitive disorder. He went to work for
My adult son has a cognitive disorder. He went to work for a fixed base operator at the airport. They knew of his disability when they hired him. the company changed hands three times over the three y… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
20,986 satisfied customers
I hurt my back yesterday at work when I slipped on bead blaster
I hurt my back yesterday at work when I slipped on bead blaster beads that had been left on the blaster area floor for weeks after continuous complaints. I woke up this morning in too much pain to get… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
Can an employer revise an attendance policy (giving an effective
Can an employer revise an attendance policy (giving an effective date of 1-1-10) but use prior occurrences from 2009 to enforce it (using the verbage "rolling 12 months")? Note: all occurrences in 200… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
My supervisor was aware of my medical condition and was unwilling
My supervisor was aware of my medical condition and was unwilling to work with me. I ended up going out on medical leave due to the medical condition, my supervisor and I never had a relationship and … read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x