Trucker Clock
Well-Known Member
Yep.
He called in 32 times in 9 months before he was eventually fired. He filed a lawsuit and the Seventh District Court of Appeals upheld the termination for attendance.
Has anyone actually been fired for attendance?
- Thread starter Madgreek
- Start date
Yep.
He called in 32 times in 9 months before he was eventually fired. He filed a lawsuit and the Seventh District Court of Appeals upheld the termination for attendance.
BigUnionGuy
Got the T-Shirt
People think because it's not enumerated in the contact.... it doesn't exist.
Works good for getting out of speeding tickets too.
oldngray
nowhere special
Flashing boobies?
Man, I havent been flashed in a long time...
Coldworld
Well-Known Member
You don’t have to grab sht before your start time…punch in and walk to the pcm…walk back and get your poop bags and call tags.
Coldworld
Well-Known Member
Don’t forget them messing it all up with one person and they have to wipe everyone’s slate clean because of it. Seen that happen many times here.
Coldworld
Well-Known Member
Red Devil
The Power of Connected
I have NOT been lurking
Eat. Sleep. Work. Jork.
Operational needs
Virescit Vulnere Virtus
UnionStrong
Sorry, but I don’t care anymore.
Arghhhh, my eyes!!!
your husband?
21Savage
Well-Known Member
Hah we had a guy in my center that did the exact same thing. The local gossip king told me when he came in for his resignation he pulled out a wad of cash and handed a sup a 50 and told him to go buy lunch lol
Redtag
Part on order, ok to drive
I read most of that case and this was in the very early days of FMLA the law has changed a bit over the years, the employee did not have a approved FMLA serious medical condition requiring intermittent FMLA prior to his termination.. becuase it did not exist in 1994. Thr law was reworked in 2009 and 2013.
These days he would have gotten a doctor to sign off on intermittent FMLA.
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Trucker Clock
Well-Known Member
He may have been able to get intermittent FMLA for his "neck injury" days off, but he still had an attendance problem.
UPS eventually terminated Haefling's employment as a result of his excessive absenteeism and his failure to abide by UPS's attendance policy. During the period leading up to the termination of Haefling's employment, the attendance records for Haefling maintained by UPS indicate that he was absent from work at least thirty-two of the 257 days he was scheduled to work (an absence rate of approximately twelve percent). The district court relied on Haefling's personal diary to establish Haefling's attendance rate for this same period. This diary, which purportedly contained Haefling's notes on his own attendance, off-set some of the absences contained in UPS's attendance records. However, the diary still indicated that Haefling missed twenty-five scheduled work days, which, in part, constituted seventeen occurrences. In examining the two hundred day period immediately preceding the termination of Haefling's employment, the district court found that Haefling missed eighteen days on eleven occurrences for reasons ranging from heat exhaustion, to a suspended license, to the flu. Of those eighteen absences, only seven days and five occurrences are attributed to Haefling's neck injury according to the district court's reading of Haefling's diary.
And we were basically talking about being terminated for occurrences of lates and call ins just because you didn't feel like coming to work, not because of a possible injury and FMLA. Yes, you can be terminated, even though there is no published attendance policy.
