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My friend had a situation where she clocked in for a shift…

My friend had a...

My friend had a situation where she clocked in for a shift and had 40 mins to report to her post she was having womenly issues and went to her car after taking a pain med and she dozed off and didnt wake up until her shift was practically over but she never said anything due to her panicking until she was asked about it a few weeks later. She admitted that she didnt work the shift but lied about what happened after not working the shift. After 3 investigatory meetings telling the same story she finally tells the truth on the 4th meeting but now they want to fire her for gross misconduct. She has never had a write up or anything and has been there close to 2 yrs. she can file a grievance but is there grounds or case law to help her?

Lawyer's Assistant: Is your friend hourly or salaried? Is she part time or full time?

She is hourly and full time but the shift was a split so it was the 2nd half of about 3 1/2 hours

Lawyer's Assistant: Where is she located? Employment law varies by state.

Washington

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

The firing manager is trying to say she changed her story but she kept the same story until she finally told the truth. She also always said she didn't work the shift and had been dealing with a lot during that time such as 2 deaths in her family so a lot of things she couldn't remember about that day to feeling numb.

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Answered in 5 minutes by:
8/10/2018
RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,353
Experience: Experienced in multiple areas of the law.
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Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

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Customer reply replied 12 days ago
Ok

Good evening,

Washington State, like the majority of other states, is an "at-will" employment state. This means that absent an employment contract or collective bargaining agreement - which may give an employee more rights - an employee may be terminated at any time, with or without cause. An employee can be terminated just because their boss feels like it -regardless of how good an employee is, how long they have worked for the company, or what they may have gone through. So long as the employer is not terminating her for an unlawful reason (such as because of her race or religion) this is legal.

Based on these limited facts, it does not appear the employer acted improperly and was within their legal rights to terminate her.

RobertJDFL
RobertJDFL, Lawyer
Category: Employment Law
Satisfied Customers: 15,353
Experience: Experienced in multiple areas of the law.
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RobertJDFL and 87 other Employment Law Specialists are ready to help you
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Customer reply replied 12 days ago
she is part of a union so there is a collective bargaining agreement they are telling her that she could file a grievance but doesn't know what grounds to file the grievance on
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