Co worker terminated...does the person attempt to fight it

[Anonymousposter]

Yesterday a co worker was terminated due to their attendance percentage was below the satisfactory level.

The background is as follows: in late June the coworker had a health episode while doing the sort passing out. The management team ordered the employee to undergo medical tests (at employees expense)before being allowed to return to work. Management marked these days missed (about 2 and half weeks) as sick days, and did not count any of the days as vacation/personal floating holiday.. They came back and worked the past week and half and then were let go. (Person in question has history of letters/OLCC regarding their attendance)

Tge question is should we encourage this employee to fight the termination and if so any recommendations as to what direction to point them. We already said contact HR and go through proper channels (the said employee did have problems going over people's heads and not through proper channels)

 

[Nolimitz]

Mind your own business. Or is it you that got fired?

 

[Operational needs]

Yesterday a co worker was terminated due to their attendance percentage was below the satisfactory level.

The background is as follows: in late June the coworker had a health episode while doing the sort passing out. The management team ordered the employee to undergo medical tests (at employees expense)before being allowed to return to work. Management marked these days missed (about 2 and half weeks) as sick days, and did not count any of the days as vacation/personal floating holiday.. They came back and worked the past week and half and then were let go. (Person in question has history of letters/OLCC regarding their attendance)

Tge question is should we encourage this employee to fight the termination and if so any recommendations as to what direction to point them. We already said contact HR and go through proper channels (the said employee did have problems going over people's heads and not through proper channels)

The person should have been given a packet with policy and GFT info. I’ve seen fired people get their jobs back after poor attendance but @Maui is a good one to answer your questions.

 

[Nolimitz]

Why did they not put in for FMLA. Why was this not workers comp if he passed out at work. Something fishy me thinks??

 

[Maui]

If this is Express and the facts are as you presented them this person should file a GFT. Absences of 4 or more calendar days should have an HCMP case opened. It is then the employee’s responsibility to respond and get a medical provider to complete the info to see if it qualifies for FMLA.

FMLA requires at least 1 year of employment and 1250 hours. If this is accurate then the manager was derelict in her/his duties and this would likely be overturned. I will say the previous poor attendance/punctuality is not good, but it also raises questions about whether or not management had conversations.

I’m also curious the reason for term. Was it 3 letters? All attendance? Any other concerns? We’re any of these treated as no call no show? Did the employee follow the call-in procedure?

I would the need facts to advise honestly if it’s likely to succeed or is a waste of time. No way to know as people don’t always tell the whole story.

 

[falcon back]

Their past history will bite them in the butt. Doesn't sound the company lost anyone of value. If you can't come to work and you keep getting letters and OLCC, they need an attitude adjustment and a new place of employment.

 

[59 Dano]

General rule of thumb: much harder to win a GFT for attendance problems. Attendance expectations are clear as are the expected ways of dealing with them.

 

[falcon back]

General rule of thumb: much harder to win a GFT for attendance problems. Attendance expectations are clear as are the expected ways of dealing with them.

You notice how all the whiners that brag about not having MAP money coming seem to come to the terminated employee defense.

 

[59 Dano]

people don’t always tell the whole story.

Understatement of the year.

 

[Cactus]

Their past history will bite them in the butt. Doesn't sound the company lost anyone of value. If you can't come to work and you keep getting letters and OLCC, they need an attitude adjustment and a new place of employment.

You notice how all the whiners that brag about not having MAP money coming seem to come to the terminated employee defense.

No one cares.

 

[Off the leash]

No one cares.

Your right

 

[Off the leash]

If this is Express and the facts are as you presented them this person should file a GFT. Absences of 4 or more calendar days should have an HCMP case opened. It is then the employee’s responsibility to respond and get a medical provider to complete the info to see if it qualifies for FMLA.

FMLA requires at least 1 year of employment and 1250 hours. If this is accurate then the manager was derelict in her/his duties and this would likely be overturned. I will say the previous poor attendance/punctuality is not good, but it also raises questions about whether or not management had conversations.

I’m also curious the reason for term. Was it 3 letters? All attendance? Any other concerns? We’re any of these treated as no call no show? Did the employee follow the call-in procedure?

I would the need facts to advise honestly if it’s likely to succeed or is a waste of time. No way to know as people don’t always tell the whole story.

Ya think?

 

[Fergus Mahoney]

Wish they'd fire my .