Is There Such A Thing As Being Terminated For Being Unemployable Under Law?

Question

USWA In Indiana. Our contract states that all absences will be excused with doctors note or receipt for auto repairs and so forth.

My union is telling me that I can be arbitrarily labeled as "Unemployable" and fired, even with medically excused absences. They also tell me that this law is in the U.S. Constitution. (okay?)

Funny thing, my employer has never stated this when I am presenting them with a doctors excuse after being absent. Its only coming from the union.

When I ask the Union for documentation on the matter, they clearly get upset, and then fail to produce any.

So, does anyone know if there is any truth to this "Unemployable" status?

If so, what criteria must be met, to be labeled as such.


Thanks,MetalTeK.

Hey Bic? Anything to back up your stupid answer? You sound just like the idiots I'm talking about.

Answer 1

The Constitution does not address specific employment issues and does not contain any language about being "unemployable" See http://www.law.cornell.edu/constitution/constitution.overview.html for the Constitution.

If a contract does not prohibit it, an employer can terminate your employment for anything unless there is a law prohibiting that (discrimination, retaliation etc)

Sounds like your union is doing a great job protecting their employees. Racking in your money, doing nothing for you.

Answer 2

Nothing in my constitution says anything like that. You haven't filled us in on any details. The only thing that I could think of was that if you are incapable of performing your duties, then the employer is justified in terminating your employment. It's a matter of common law, not the constitution. Your union should be trying to help you not help the employer, that's what the dues are for.