When employees are fired for, they may be quick to point to unequal treatment, saying other workers kept their jobs but were absent more often.
One way to avoid such claims is to install a point system to punish absenteeism, terminating employees who accumulate too many points. Such a system negates the need to track the total number of hours of work an employee misses, since the employer is counting points rather than time.
Recent case: Disney employee Kendall Johnson was terminated after he accumulated “unsatisfactory” attendance ratings for three months of a 12-month period.
Employees were rated monthly for attendance and rated unsatisfactory in any month in which they violated the attendance policy by being absent or tardy. It didn’t matter how many times in a month the employee violated the policy.
Johnson, who is black, sued. He claimed that a Hispanic female missed more total hours than he did before she was fired. The court said it didn’t matter, noting that the Hispanic female also had three “unsatisfactory” months before being terminated and was, therefore, treated the same. (Johnson v. Disney, No. 6:09-CV-1741, MD FL, 2010)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Don't let FMLA request stop discipline that was already in the works
- No self-defamation claim possible in North Carolina
- Making economic argument for staff cuts? Better make sure the math adds up
- Using the Supreme Court's model to prevent employment lawsuits