Employment Law

Employment Law Questions? Ask an Employment Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Employment Law

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: 6 months ago.Category: Employment Law
Show More
Show Less
Ask Your Own Employment Law Question
Answered in 10 hours by:
8/2/2017
Employment Lawyer: Marsha411JD, Lawyer replied 6 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,623
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.

Ask Your Own Employment Law Question
Employment Lawyer: Marsha411JD, Lawyer replied 6 months 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.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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?
Ask Marsha411JD Your Own Question
Marsha411JD
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,623
20,623 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:

Tina

Tina

Lawyer

8,184 satisfied customers

JD, BBA, recognized by ABA for excellence.

Allen M., Esq.

Allen M., Esq.

Employment Lawyer

12,549 satisfied customers

Employment/Labor Law Litigation

Marsha411JD

Marsha411JD

Lawyer

20,623 satisfied customers

Licensed Attorney with 29 yrs. exp in Employment Law

Infolawyer

Infolawyer

Lawyer

12,054 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

3,912 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.

< Previous | Next >

Related Employment Law Questions
Is it considered discrimination if myself as a manager who
Is it considered discrimination if myself as a manager who is fully qualified for the GM position with a great success rate for the company get passed up by a newly hired supervisor who knew the curre… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a question about my rights when I'm on FMLA. I'm
I have a question about my rights when I'm on FMLA. I'm currently out on FMLA and am not released to go back to work. My employer called me in to a meeting this morning and fired me. Is that legal? … read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I have cancer and am on FMLA. Suddenly and without
I have cancer and am on FMLA. Suddenly and without discussing the matter with me my employer is bringing on a consultant to shadow me. I feel intimidated and feel they are doing this in retaliation of… read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I was notified of a breach in fmla confidentiality regarding
I was notified of a breach in fmla confidentiality regarding the reason of the leave. The individual is sharing fmla medical details with my coworkers. What now? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was fired days before my FMLA ended. The company stopped
I was fired days before my FMLA ended. The company stopped paying me a week before they fired me. Do I have a civil case? EEOC I loss because I couldn't prove discrimination … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,054 satisfied customers
If while on FMLA leave due to an auto accident, can a
If while on FMLA leave due to an auto accident, can a supervisor state to another supervisor that they do not believe that the employee is hurt because they looked at their automobile? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Looking for an attorney to take a discrimination case.
looking for an attorney to take a discrimination case … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I've been out on short term disability/FMLA for a broken
I've been out on short term disability/FMLA for a broken ankle. My FMLA runs out on February 24th. My doctor informed that I can return to work on February 13th with some minor restrictions - nothing … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Can you please define "covered employers" for FMLA? we have
Can you please define "covered employers" for FMLA? we have more part time than full time Is the 50 employees head count? or hours … read more
ScottyMacEsq
ScottyMacEsq
Doctoral Degree
17,495 satisfied customers
CIVIL - EEOC - Discrimination, Retaliation, Wrongful
CIVIL - EEOC - Discrimination, Retaliation, Wrongful Termination... How to WRITE/WORD the petition to the court for:One of the retaliations = Suspension without warning of the use of vacation time Jul… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I was on FMLA. My position with the company was considered
I was on FMLA. My position with the company was considered critical so four weeks out they hired the PRN person to do my job. I returned to work after 8 weeks. Now I am having to train my replacement … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers
Out on fmla, my manager, hr department and payroll
Out on fmla, my manager, hr department and payroll department are not responding to my requests to view my time off accrual reports. My paychecks have been incorrect and I've asked to review my accrue… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
My fiance was a victim of discrimination at work. It was
My fiance was a victim of discrimination at work. It was heard by multiple people and the the company has refused to reprimand the coworker responsible. Multiple statements were taken and HR has refus… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I have an employee out on FMLA that was to return on January
I have an employee out on FMLA that was to return on January 3rd. They have not been in correspondence or called, returned calls ect. Their paperwork states that they would be out for 6 weeks. They st… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
If an employee has fmla for bronchial issues and uses a
If an employee has fmla for bronchial issues and uses a spray agent that could trigger it when theyre not suppose to be using it anyway is that something that fmla is held accountable for? Its self in… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 satisfied customers
What is the difference between discriminate and harassment,
What is the difference between discriminate and harassment … read more
Allen M., Esq.
Allen M., Esq.
Employment Lawyer
Juris Doctor, Cum Laude
12,549 satisfied customers
I submitted FMLA paperwork for reinstatement of my FMLA and
I submitted FMLA paperwork for reinstatement of my FMLA and it's been 8 days. I haven't received approval, denial or a request for more information. How long do I have to wait for an answer either way… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,766 satisfied customers
This concerns FMLA; the use of FMLA is limited as I
This concerns FMLA; the use of FMLA is limited as I understand it. However, can you give credence to whether an employee can use FMLA in conjunction with a previously scheduled vacation out of country… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
8,357 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