Here’s added incentive to have crystal-clear attendance policies: Employees who are terminated for violating unclear or confusing attendance rules may end up collecting unemployment compensation payments.
Here’s why: Former employees can successfully argue that they were terminated through no fault of their own if they can show that the attendance policy was difficult to understand and comply with.
Recent case: Danielle Bates worked for Airborne Express and hurt her back at work. She then got workers’until her employer let her return to a light-duty job she could safely perform.
At the time, Airborne warned her that she had to follow the company’s attendance policy. It stipulated that absences would be counted against her unless she provided a medical excuse.
Bates missed several shifts due to back pain, which she said was associated with her on-the-job injury. She got doctor’s notes stating that she had missed work because of back pain. Airborne then fired Bates because, it said, the notes should have stated that she was “incapacitated.” However, written attendance rules only mentioned medical documentation and didn’t specify which kind.
The court concluded Bates hadn’t been terminated for cause. Therefore, she was eligible for unemployment compensation benefits. (Bates v. Airborne Express, No. 2009-CA-37, Court of Appeals of Ohio, Second Appellate District, 2010)
Like what you've read? ...Republish it and share great business tips!
Attention: Readers, Publishers, Editors, Bloggers, Media, Webmasters and more...
We believe great content should be read and passed around. After all, knowledge IS power. And good business can become great with the right information at their fingertips. If you'd like to share any of the insightful articles on BusinessManagementDaily.com, you may republish or syndicate it without charge.
The only thing we ask is that you keep the article exactly as it was written and formatted. You also need to include an attribution statement and link to the article.
" This information is proudly provided by Business Management Daily.com: http://www.businessmanagementdaily.com/11503/tighten-up-attendance-policies-or-get-ready-for-an-unemployment-comp-hit "
- Motivate high performance by promising rewards
- Labor Department Offering Low-Cost Training Solutions
- Another reason to enforce violence policy: To avoid workers' compensation liability
- The legal risks of employee loitering: How 'Hanging around' can hang you out to dry
- PTOs go mainstream; benchmark your plan