Employment Law

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We have an employee who we have on a performance improvement…

Customer Question
We have an employee...

We have an employee who we have on a performance improvement plan for excessive absenteeism and absences. On Nov. 9, at 5:30am the employee called to request that it be approved for her to come to work an hour late because she had been out partying the night before and needed to get an extra hour to rest. Request was declined and she came in to work at 6:00am. She clocked out at 6:45 am and left without notifying her supervisor or co-workers. She called in this morning and requested to come back to work admitting that she should have not left the prior day. Her supervisor told her to come in and the situation would b discussed with department manager. The manager and supervisor would like to terminate her employment. Should they use job abandonment or terminate for attendance?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Washington state

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

She's a full time employee, non-union, in WA state which is an "at will" employment state. Our handbook also covers the fact that we are employment at will.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Unless there's something you feel the attorney would like to know that I did not mention.

Submitted: 9 months ago.Category: Employment Law
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Answered in 2 minutes by:
11/10/2017
Employment Lawyer: Roy Hadavi,
 replied 9 months ago
Roy Hadavi
Category: Employment Law
Satisfied Customers: 1,501
Experience: Attorney at Law Offices of Rosenstein & Associates
Verified

Hi. My name is ***** ***** I am a licensed attorney with extensive labor law experience. I would be happy to provide assistance. Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

Answer: As you are aware, Washington is an at-will employment state. Therefore, you really do not need to give this employee a reason for the termination. If you give an employee a reason, they may be able to dispute the reason and bring an action for unlawful termination. However, it seems that you have properly documented this employee's failure to be available for her shifts. As such, you may want to include that as part of her termination.

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Satisfied Customers: 1,501
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