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Failure to call off is employment misconduct

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in Firing,Human Resources

Employees who don’t call off work as company rules require may be guilty of misconduct. That means they lose the right to unemployment compensation if they are fired.

Recent case: Janvier worked for the U.S. Postal Service and sometimes took time off under the FMLA for a back injury. The post office requires employees to call off before the start of their scheduled shift. Janvier did not and was terminated.

Janvier applied for unemployment compensation. She argued that she couldn’t call because her medication made her sleepy.

That argument didn’t persuade the court. It concluded that, absent a solid medical explanation for why she couldn’t call, she could have figured out a way to avoid oversleeping and therefore could have called in. Her benefits were denied. (LeViege v. U.S. Postal Service, No. A14-1303, Court of Appeals of Minnesota, 2015)

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