Employees who have chronic medical conditions that require
Discourage that kind of abuse by requiring them to call in daily. If the employee ignores the requirement, you can terminate her for failing to follow company policy.
Recent case: Marcia Nance was off work for long periods of time due to an injury she received on the job. When she returned to a light-duty position, Nance alleged the work was meaningless and demeaning. Apparently the circumstances caused so much stress that Nance’s psychiatrist diagnosed her with an adjustment disorder and suggested more time off.
The company agreed but reminded Nance that all employees, even those on leave, were required to call in daily to report their absences. When Nance didn’t call, the company called her. First, she didn’t answer. Then, she told the company representative that she couldn’t talk just then and hung up. The company terminated her for violating the company’s no-call policy. Nance sued.
But the 6th Circuit Court of Appeals tossed out the case, reasoning that Nance abandoned her job by failing to follow the call-off rule. (Nance v. Goodyear Tire and Rubber, No. 06-6563, 6th Cir., 2008)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Do the math before taking action <br/> against employee on FMLA leave
- Remind bosses: No comments on FMLA use
- Offer FMLA, but still enforce attendance rules
- Remind bosses: The wrong choice of words can bolster an employee's retaliation lawsuit