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I have a problem employee who has been given multiple

Customer Question
warnings; the last one being...
I have a problem employee who has been given multiple warnings; the last one being right before the weekend, on Monday she didn't show up to work claiming back ach, then today she didn't show up either claiming she had a backache and a doctors note. The employee has no sick days and has exhausted all her vacation days. I want to fire her because I am weary of her attaempting some sort of fraud. Can I fire her while she is out or do I have to wait for her to return? What's the best approach?
Submitted: 1 year ago.Category: Employment Law
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Answered in 10 hours by:
8/2/2017
Employment Lawyer: Marsha411JD, Lawyer replied 1 year 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. If the employee does not qualify for FMLA and they are out of sick leave and any other leave that can be used for sickness, and you have not given them the right to even more warnings, then you can terminate her based on attendance. It doesn't matter if an employee is at work or not, an employer can terminate them no matter where they are as long as the employer is not violating a contract, FMLA, or discrimination laws.

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Employment Lawyer: Marsha411JD, Lawyer replied 1 year 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 2nd. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

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