Employment Law

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What is Excessive Absenteeism?

Under the employment law, excessive absenteeism is defined by the employer. When looking at whether the absenteeism was excessive or not the court will look at “reasonableness” and the employer’s policies in their handbook regarding attendance. Read below where Employment Lawyers have provided answers to the top commonly asked questions on excessive absenteeism.

In California, can an employer terminate an employee for excessive absenteeism preventing them from receiving unemployment benefits?

California is an “at-will” state, and the employer can terminate an employee for any reason except discrimination. On the other hand, if the employer has proof and documents of the employees’ absences, then they can provide a detailed letter to the employee with all the dates of the absences, and state any company policies they have violated. In order to avoid unemployment benefits being granted to the employee, the employer will need to show that the employee was terminated for “cause” or misconduct.

Under the Family Medical Leave Act can an employer terminate an employee for excessive absenteeism?

If all the reasons for the absences were related as stated on the Family Medical Leave Act (FMLA), then the employee would have had job protection. The only thing unlawful about the termination is if the employee had missed too many days of work due to other reasons not relevant to the Family Medical Leave Act.

In Kentucky, can an employer terminate an employee for excessive absenteeism?

In the state of Kentucky employees are considered to be “at will”. Terminating an employee for excessive absenteeism is legal. As an “at will” employee the employer can terminate for only one absence or for only being a couple minutes late. Unless the employee has an employment contract that provides specific employment terms.

Can an employer terminate an employee for excessive absenteeism even if there is no policy in place?

The employer has a wide ranging judgment to terminate an employee even if seems wrong or unreasonable; the absent policy will limit that judgment. Since there is no policy the employer can terminate for any amount of days missed.

Is it wrongful termination if someone was terminated for excessive absenteeism due to a non-work related injury?

Case Details: The employee was not on the schedule.

In this case, this would not be considered unlawful termination because, without written agreements to the contrary, the employee can be terminated for any given reason. 

Many times employees wonder if being terminated for excessive absenteeism is unlawful or not. Experts have many years of experience in employment laws. When dealing with termination due to absenteeism you can consult an Expert for all your employment questions.

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