I started working in October and my son had a severe case of pink eye, which I in turn received. I went to work not knowing I had the pink eye and when I figured it out my boss MADE me go home. This is all understood, however now I'm being written up for it. I was out for 2 days due to the pink eye, and I came in "late" (if you call 2 minutes late) on 5 occasions. My requests for my time records have been denied, and the HR women is constantly treating me unfairly. I was never given a formal "verbal" warning before I was written up, and now I'll be fired should I ever be late again. Just yesterday my son was out sick from school (they have very strict rules on illness) and I had to take him for his asthma treatments as well as get him some anti-biotics. I called in to this woman and she demanded a Dr's note for his illness. Is all of this legall? I'm at a loss, I beleive they are setting me up for constuctive termination especially because they fired my boss yesterday!
2007-12-12 05:14:01 · 9 answers · asked by Stopjudging 2 in Business & Finance ➔ Careers & Employment ➔ Law & Legal
Some employers are not lienient when it comes to kids and illness. If you always ask for a note for your work, and the childs school...the doctor will give it, and you will be covered. Now the jerks you work with...that is another story. Gosh, the lateness problem HAS to be solved....or yes they can fire you.
If you just do more in the evening instead of the morning, before you leave for work...and always always plan on being at work 20 min early....your life will be so much easier....at home and work.
2007-12-12 05:21:52 · answer #1 · answered by Toffy 6 · 3⤊ 0⤋
Unfortunately most people are "at-will" employees which means that the company can fire you at any time, for any legitimate reason. However, what constitutes a "legitimate" reason can vary. Due to Federal law (HIPAA, mostly) a majority of companies do not ask too many questions about illness-related absences, however they have every right to request a doctor's note if they feel that the absences have been excessive. Also, think about why you were late that many times. Were you stuck in traffic? Alarm not go off? Usually it's something avoidable if you just plan ahead. If you're only late by less than 2 minutes, then try leaving for work every morning 10 minutes earlier than you currently are. If it's something you can't avoid, maybe you could ask to alter your working hours? Getting to work on time is one of those things that most employers are strict about, regardless of where you work. Believe me, I was in the same situation with being late. Thankfully I was able to change my hours and everything worked out.
If indeed you are fired I would speak with a lawyer about your case as it seems the HR worker might have been a bit unreasonable.
However, if they've been treating you like this, do you really want to work for them anyway? If I were you I'd go ahead and start editing the resume now, even if they don't fire you.
2007-12-12 05:30:02 · answer #2 · answered by Jonathan B 2 · 1⤊ 1⤋
It is legal for them to request a doctors note from you for an absence, maybe not nice, but it is legal. As far as the tardy situation goes, as long as they are treating all the employees the same way as you, then this is part of your work performance. (Are others coming to work late and not being warned about it?)
It's not constructive discharge if you are doing what they say you are doing. If you are late in arriving to work, then that is a fact. The problem would be if they are singling you out and only addressing that problem with you and not treating all employees the same way.
If you just started working for the company in October 2007 then you need to keep in mind that you may still be within your initial probation period, and they are being kind to you by writing you up or giving you any kind of a verbal warning notice. They could just let you go. And if they are an at-will employer then you are at even more risk of termination, with or without cause, with or without notice. If you can not speak with the person in HR then try speaking to another member of management to see if they can help you out and give you some advice on how to best handle the situation.
2007-12-12 06:52:53 · answer #3 · answered by hr4me 7 · 2⤊ 0⤋
The two minutes late five times in only a couple months of employment doesn't exactly strengthen your case or give you the appearance of a good employee. You can't help the pinkeye or your son's asthma, although even then they don't have to keep you on if you aren't at work regularly. But if you can get to work two minutes late, why can't you get there on time?
Frankly, your attendance record so far is something that would get most people fired most places.
2007-12-13 14:51:41 · answer #4 · answered by Judy 7 · 2⤊ 0⤋
It sounds like they are in the process of making some changes and there really won't be much you can do about it (I've been through something somewhat similar). If you want to keep your job, I'd recommend getting the doctor's notes as requested and do what they ask. In the meantime, start searching for another job so you can either leave on your own, or have something to fall back on if they really do decide to terminate you.
2007-12-12 05:23:47 · answer #5 · answered by aheartofgold 2 · 1⤊ 0⤋
Ok you have worked approximately two months - 40 work days and late on 5 occasions that means you are late for work approximately 12% of the time. (Reason to be written up).
This is not counting the times you were absent. You are not being harassed, you have an attendance problem.
2007-12-12 06:27:58 · answer #6 · answered by Squat1 5 · 3⤊ 0⤋
You need to start looking for a new job. Times are tough, but if they want to get rid of you, they can. And do you really want to work someplace where you feel like you're being harassed?
Document everything. Times, places, people.
Strict rules are there, so if they need them to rid themselves of somebody, they can.
If the company says so, 2 minutes late is still 2 minutes late.
Good luck.
2007-12-12 05:57:19 · answer #7 · answered by Gregory W 3 · 1⤊ 1⤋
Being late is being late, there isn't anything you can do about that . But As for your Hr withholding your time cards from you, well now there's a problem. It is illegal for them to keep your time cards from you. As for your Hr treating you unfairly, don't give them a reason to fire you. Wrongful termination is sue-able .
2007-12-12 17:23:40 · answer #8 · answered by theLaw 2 · 1⤊ 0⤋
Sounds like, for whatever reason, they have a problem with you. I'd start looking for another job.
2007-12-12 05:16:47 · answer #9 · answered by Sunshine 5 · 3⤊ 0⤋