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Eighty five percent (85%) of all employment lawsuits can be prevented!
Your Employee Brings a Gun to Work…
Do YOU Want to Fire Him?
The news has been inundated with stories of workplace violence — from shootings, to bomb threats — and no company wants to be the next headline. As such, employers must be extremely cautious in the face of situations that may spark aggressive behavior. See how one HR Director handled the termination of a potentially violent employee…
An employee failed to show up for work and failed to notify the company of his absence for three consecutive days. In accordance with Company policy, after the third day, the employee was notified via letter that because of his three consecutive “no-call/no-show” absences, the Company considers the employee to have abandoned his job, and views this as a voluntary resignation from employment.
Three days after sending the letter, the Company receives a call from the employee’s wife, advising the Company that the employee had been in the hospital for the past week and asking the Company to reinstate the employee and allow him to return to work.
Should you reinstate the employee?
No, the employee has abandoned his job, which is a voluntary resignation. No matter the reason for the absence, the employee violated the attendance policy and the Company has no obligation to reinstate the employee.
Maybe. The Company needs to determine if the reason for the employee’s absence is protected under state or federal law and, after that determination is made, then choose an appropriate course of action.
Yes, there was an extenuating circumstance (the employee’s hospitalization) that prevented the employee from following Company procedure; therefore, the employee must be reinstated.
Workplace bullying. It is one of the new buzzwords in employment law. Do your managers know how to identify a workplace bully – or what steps they should take to prevent bullying within your workforce? Click here to learn more about this workplace hot topic. Read More.
This information is provided by ePlace Solutions, Inc. which is solely responsible for its content. ePlace Solutions, Inc. is not engaged in rendering legal or other professional services. Federal and state laws are more complex than presented here. This information is simplified for the sake of brevity and is not a substitute for legal advice. ePlace Solutions, Inc. disclaims any liability, loss or risk incurred as a consequence, directly or indirectly, of the use and application of any of the contents of this information.
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