My hubby was at work when he was arrested he was infront of all his co workers and supervisers...they new where he was going and they new he wasnt getting out right away..he was away from his job 3 and a half days..he was released monday and called his boss to see when he could come back to work they said no u are fired for no call no show...my question is....Is that legal for them to fire him and use the excuse no call no show????
2007-01-09 14:05:41 · 14 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Yes - the employer has the right to enforce its rules about attendance and calling in. Being in jail is not an excuse. Your husband made some bad choices that caused this and the employer does not have to suffer for it. Your husband should apologize and try to make amends with the employer, that way when he tries to get another job he will be able to say he did everything he could to apologize and make it up to the former employer and take responsibility for his actions.
2007-01-09 14:23:34 · answer #1 · answered by Andy 2 · 2⤊ 0⤋
Depends upon the arrest.
Most companies have a "code of ethics" policy, stating to the effect that if an employee reflects poorly upon the image of the company by breaking laws or committing crimes, they can - and will - be released immediately.
The other thing is the reason for the arrest. If it was for something that is in direct relation to the job he performs (i.e. stealing money, when he works for a bank or a retail store), he will be terminated.
The third thing is a violation of drug policy. I had to fire two employees on the same night for going out to a vehicle on their break, smoking some pot, and then coming back into work. The only reason I found out about it was the cops saw them and came into the store to arrest them.
The fourth thing is that most companies have the "no call/no show" policy. If an employee doesn't call in or show up for their scheduled shift for three days in a row, it is considered job abandonment. If your husband did that, then he wasn't fired - he quit by not informing his employer of the situation, and not showing up for scheduled shifts.
2007-01-09 14:22:03 · answer #2 · answered by volleyballchick (cowards block) 7 · 0⤊ 0⤋
Depends upon where you live. In Texas, for example,we are an employment-at-will state so yes they can fire you for no reason at all here. In fact, an employer in this state does not even have to give you a reason for letting you go from their employment. The employer could also say (if they wanted to do so) that you abandoned your job so they no longer had any employment available for you at your former job, when you did not show up for work, although that boss knew you were taken away to jail, for instance.
2007-01-09 14:18:59 · answer #3 · answered by attyvette 2 · 0⤊ 0⤋
Probably. And it probably depends on the state he was employed in. In many states, an employer can fire you for no reason at all. And, I would be hard pressed to imagine any state that requires an employer to keep an employee who failed to show up or call off from work for several days, regardless of the reason.
2007-01-09 14:15:01 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Yup as in maximum states Alabama is whats called an "employment at will" state in actuality the regulation says an organization can terminate you for any reason and an worker can stop for any reason. (different than in discrimination situations that are secure with the aid of the equivalent possibility Act) So sure this is criminal for an organization to fireside him. regrettably, additionally, in maximum situations once you're incarcerated and you cant get to artwork, that's often seen interest abandonment. And he would possibly not have the means to assemble unemployment.
2016-10-30 11:53:52 · answer #5 · answered by ? 4 · 0⤊ 0⤋
Sure is, especially if they were arrested for something thats part of the employer's policies.
For instance: At an oil refinery, there is a policy of absolutely no drugs. They can randomly test you for this. However, if you went to jail for marijuana possession, you'd loose your job, because you violated the policy of the company.
2007-01-09 14:13:45 · answer #6 · answered by Captain Moe 5 · 0⤊ 0⤋
if that is their policy then yes it is legal. Rules are rules. You should have called him out. They didn't know if he was sitting in jail or at home. Not fair to them. How do they know if they should have covered his position for the day or not. Yes. It's perfectly legal. You can't follow rules, you go to jail. You can't follow rules, you get fired. hmmm. I see a pattern forming here.
2007-01-09 14:18:26 · answer #7 · answered by Me2 5 · 0⤊ 0⤋
In my state, three days w/o a call is considered job abandonment. It is totally legal to fire him for that, and also for his
employer to contest him receiving any unemployment compensation.
2007-01-09 14:15:29 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Yes it is legal.
Of course it isn't the real reason the fired him, but they fired him for cause, and they used no show as the cause.
2007-01-09 14:23:46 · answer #9 · answered by Anonymous · 0⤊ 0⤋
He should've called. They were within their rights. They didn't know when he'd be back.
2007-01-09 14:11:24 · answer #10 · answered by contemplating 5 · 0⤊ 0⤋