Employment Law

Employment law questions? Ask an employment lawyer.

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

I have an employee that missed work becouse of old injuries…

Hi, i have an...

Hi, i have an employee that missed work becouse of old injuries does not call in for a week. finally talks to boss 1 time after that first week ,still doesnt return to work and no more call ins for 2 more weeks ,then calls wanting to return to work. is this grounds to fire her ??

Lawyer's Assistant: Have you discussed the injury with your HR staff? Or with a lawyer?

No not yet i am the small business owner in calif.

Lawyer's Assistant: Is your employee "at will?" Does she belong to a union?

No

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

Thats pretty much it thank you 1

Show More
Show Less
Ask Your Own Employment Law Question
Answered in 4 hours by:
7/15/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,840
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Ask Your Own Employment Law Question

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

Ask Your Own Employment Law Question

Your Question:

hi, i have an employee that missed work becouse of old injuries does not call in for a week. finally talks to boss 1 time after that first week ,still doesnt return to work and no more call ins for 2 more weeks ,then calls wanting to return to work. is this grounds to fire her ??

Response: Yes. She should have been fired the first week it happened.

A 5-star positive rating to my response is appreciated so that I can receive credit for responding to your post. There is no additional cost to you for giving a positive rating. However, that is how I get paid for answering questions on this site.

Thank you for your cooperation.

Ask Your Own Employment Law Question
Customer reply replied 1 month ago
not a problem ... thank you !!

You are quite Welcome!

Kindly use the popup/rating screen to give a 5-star rating so that I can receive credit for responding to your post.

Thank you for your cooperation.

Have a wonderful day!

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,840
Experience: B.A.; M.B.A.; J.D.
Verified
Phillips Esq. and 87 other Employment Law Specialists are ready to help you
Ask your own question now
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 Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,840
22,840 Satisfied Customers
Experience: B.A.; M.B.A.; J.D.

Phillips Esq. 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

12,490 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
I have a question on exempt salaried employees. My daughter
I have a question on exempt salaried employees. My daughter works well over 40 hours a week including weekends for a medical staffing company, she was hired as a Branch Manager. Recently she became il… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
They fire me with out reason JA: The Employment Lawyer will
Ok thanks.i work for McDonald's for 15 years for one owner.he sold the store on March 1and everyone need to go with the new owner.the new owner don't give any overtime and the crew from privies owner start to quit.also they give not properly raises to the managers and managers start to complain .they support to buy one more store and for two months they talking I will be the supervisor on one of them .i so with all mess with crew and managers reaction I call the owner and ask to see and talk with her.when I see her she don't give me to talk she say I bring you here for reason .the sale is down I need to fire you … read more
Barrister
Barrister
Attorney/Landlord/Realtor
Doctoral Degree
38,294 satisfied customers
My boss for 11 years died, I helped him through his cancer
My boss for 11 years died, I helped him through his cancer when he was sick. The co-owner was told by my owner to leave me alone, but when he died the new owner put me on a 90 day probation because of… read more
Attorney Arcadier
Attorney Arcadier
Managing Attorney Partner
Doctoral Degree
197 satisfied customers
My daughter had her hours reduced from full-time to part time
My daughter had her hours reduced from full-time to part time (40 hrs down to 16 hrs/week) because she was late a couple of times. She was told by the boss at some point that they were doing it this w… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
3,007 satisfied customers
fired from job based on false accusations of embezzlement
fired from job based on false accusations that i have been embezzling cash from the company, boss says he has proof. this is a small business and boss/owner lives in another state, i am the full time … read more
TJ, Esq.
TJ, Esq.
Juris Doctor (JD)
11,467 satisfied customers
Was fired on Friday by my boss. It was started in the HR office,
Was fired on Friday by my boss. It was started in the HR office, then I needed to leave due to working at another facility. It was not arranged or me having knowledge, more blind sided. Started off wi… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
My wife was recently fired from her job, and the reason that
My wife was recently fired from her job, and the reason that her boss, the owner of a small women's clothing boutique (in Colorado Springs) with three employees, gave verbally was "Because you're preg… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
I need employment law info. I fell at an airport on my way
I need employment law info. I fell at an airport on my way to catch a plane to a mandatory business meeting on 1/11/2011. I called my boss and told him what happened. I was assisted by airport employe… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I am wondering i just gotten a written warning yeah been talk
I am wondering i just gotten a written warning yeah been talk to verbaly but not sure if the boss keeps track of that and to my knowledge there is 1 other employee that make worst mistakes than me but… read more
MDLaw
MDLaw
Attorney
Post-Doctoral Degree
358 satisfied customers
I have worked for a small business (5 employees) for almost
I have worked for a small business (5 employees) for almost 3 years. Last year was a bad year for me. I had an ovary removed and developed a condition called akithisia which had me out of work for alm… read more
Ray
Ray
Lawyer
Doctoral Degree
33,840 satisfied customers
i was fired because my manager saw a union organiser officer
i was fired because my manager saw a union organiser officer business card in my van. my boss said i was fired due to worrking less than 40 hrs a week. i do a/c work and dispached to my jobs dailey. w… read more
JB Umphrey
JB Umphrey
Lawyer
Juris Doctor
6,273 satisfied customers
Hello, I have been accused by my boss for being rude,unhelpful,
Hello, I have been accused by my boss for being rude,unhelpful, refusing to help co-workers when asked, and my boss refusing to tell me who is making these allegations. I told my boss that there is no… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
I broke my foot last Saturday night, and I live where I work.I
I broke my foot last Saturday night, and I live where I work.I contacted my employer. I am a caretaker and manage the home as well. The son, my employer, is angry because I asked for extra help, and h… read more
Marsha411JD
Marsha411JD
Lawyer
Doctoral Degree
12,490 satisfied customers
iwas was fired about august 1st, iwas then coerced into signing
iwas was fired about august 1st, iwas then coerced into signing a letter of resignation. iwas told if i did not sign it within 1hr i would never get a job in college coaching again. i was not told tha… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
12,478 satisfied customers
i was terminated on the 1st day of the new year by my boss,
i was terminated on the 1st day of the new year by my boss, who refused to come in because he was too drunk. i came in to work to open the business and he was suppose to be there to help me, he said c… read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
Wrongful terrmination. I was told i was getting a Decesion
Wrongful terrmination. I was told i was getting a Decesion day and that if i didnt come back to work on my next day that i was fired. They say that people were told about policy changes and that havin… read more
FiveStarLaw
FiveStarLaw
Attorney
Doctoral Degree
477 satisfied customers
i heard somewhere that my boss can not fire me if i am pregante
i heard somewhere that my boss can not fire me if i am pregante and cares my health ins.? is there any truth to this and if she does fire me does she have to still pay for my health ins till i have my… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
My sister (Susan) is employed with Trader Joes in the State
My sister (Susan) is employed with Trader Joe's in the State of California. She was scheduled to have major surgery to remove a large cyst from her uterus. Apparently, Sue will require up to 6 weeks t… read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,939 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