My boyfriend was so sick he did not hear the alarm and basically slept all day, he was awaken by the cleaning crew who takes care of our building, later we found out that his job called the police to check if he was home, and his boss came by and also pounded on the door. The next day he went to work only to be fired. The HR told him he was an excellent, and talented employee but he could just not call in. He tried to explain that he did try to call his boss on his cell when he work up later that day. The HR in so many words called him a lier. Is this legal? Can this be considered work related harassment?
2007-07-29 20:30:14 · 11 answers · asked by Valentin Day 1 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
It's perfectly legal-he didn't call in...he got fired.
There's no harassment here, and I have trouble you'd actually think this was anyone's fault but your boyfriends.
2007-07-30 02:22:00 · answer #1 · answered by Anonymous · 2⤊ 0⤋
No, definitely not. If they do, sue them. Each company has their own policy. Some pay for 1 sick day a month and it can be accummulated, some don't but when you are sick, you can be excused to be off work without pay. Some ask for a doctor's note if you are sick continously for 3 days, you don't need a doctor's note if you're sick only 1 or 2 day, but to be sure, check out your company's policy. If there's no policy in the company, then go with the Labor or Employment Standards Law. Many companies also have policies for those who claim sick days constantly which may affect the productivity of the company. In this case, the employee should take leave of absence and claim Sickness Un/Employment Insurance Benefits from government or from group disability insurance. The only time the company can fire you is that you are caught to pretend being sick for certain times with their warning.
2016-04-01 09:22:12 · answer #2 · answered by Anonymous · 0⤊ 0⤋
The only way he could get past this would have been to claim the need for an emergency leave of absence, for example, if he'd been in a car accident and was hospitalized. However, that doesn't appear to be what happened here - he basically slept all day and din't call the employer, or have anyone else do so on his behalf.
I suspect this isn't the first attendance issue he's had or they probably wouldn't have been so quick to terminate him. Yes, it's legal for an employer to terminate an employee who doesn't follow their policies, and no, it doesn't constitute harassment.
2007-07-30 05:26:21 · answer #3 · answered by Mel 6 · 0⤊ 0⤋
Depends where he lives but generally employers have the right to do whatever they want, it's called employment at will. I'd be concerned that he was so sick he didn't hear pounding on the door. Does he drink? Is it possible that he was hungover? He could go to a doctor and get an excuse and then go back to work and beg for his job, in case there's a chance it might work. It's hard to find new people and train them. Also, since you know him, ask yourself if this has been a problem in the past with him... I'm concerned that there might be something else wrong besides simple sickness, that this might be a pattern with him.
2007-07-29 20:50:31 · answer #4 · answered by Katherine W 7 · 0⤊ 0⤋
I'll be honest with you....I don't believe that people are so sick that they can sleep through 8 hours of multiple phone calls that are probably occuring every 15 minutes, police stopping by, and someone pounding on your door.
When I gave birth to my children, fresh out of surgery, on anesthesia, on heavy doses of morphine...I heard every time my phone rang, other alarms going off in the hospital, etc.
Your boyfriend heard the phone calls, his boss at his door, etc....he just choose not to answer them, and that is why he got fired. His employer isn't going to fall for it.
If by some SHRED of the imagination that it was true...then his first phone call should have been to 911.
This is a story that he has just made-up for you to swallow....and it's just not the truth. He needs to grow up and learn that having a job and being an adult takes personal responsibility...and the world cannot function as his alarm clock.
2007-07-29 21:36:58 · answer #5 · answered by Expert8675309 7 · 2⤊ 0⤋
The simple answer is Yes. No matter the illness (unless he was hospitalized) he was irresponsible for not calling in.
I have been extremely ill, infact ended up in the hospital, but called and left a voice mail for my boss prior to my reporting time. It's what you are supposed to do.
It's only considered harrassment when it impacts an employee's protected status, like sex, nationality, religion, etc. Otherwise, an employer can let you go for not following the company's rules and calling in when sick.
2007-07-30 07:11:46 · answer #6 · answered by leysarob 5 · 0⤊ 0⤋
You most likely live and work in whats called "employment at will" which means you don't have a case unless he signed a specific length of time contract which he if he did, he may have violated by not calling in to start with." AT WILL" means can hire and fire at will with no excuses.
2007-07-30 03:57:22 · answer #7 · answered by hopespringsanew 2 · 1⤊ 0⤋
Yes he can fire. If you think it is unfiar, contact the employment service tribunal. This would be constructive dismissal I think and not harassment. Its a free service
2007-07-29 20:41:36 · answer #8 · answered by Barbarian 5 · 0⤊ 0⤋
depends upon the company policy..but every dismissal must be based on a just and authorized cause and the employee must be given due process such as notice and the opportunity to air his side..
2007-07-30 02:53:27 · answer #9 · answered by isabella1983 2 · 0⤊ 1⤋
yes they can fire him...he pulled a no show, for whatever reason...i used to work in HR...it is legal!
2007-07-30 03:33:55 · answer #10 · answered by firecracker 4 · 0⤊ 0⤋