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I own a business, what do I need to consider before discharging for absence?

On Behalf of | Aug 28, 2023 | Business Law

Employment law helps protect employees from wrongful termination situations. Whenever you want to terminate an employee, you should always ensure you have solid grounds for doing so.

A common reason for termination is attendance issues. There are a few guidelines to keep in mind that will help validate your reasoning for firing an employee due to absence.

Company policy issues

When considering absences, think about your company policies. Make sure that the absences did not fall in line with the policies you have in place. There should be a violation of the terms that the employee agreed to during hiring.

Continued problem

Another good point is to note how often the absences happened. You want to show this was a reoccurring and excessive issue. The employee should have missed so much time that it became detrimental to your business and interfered with normal operations.

No reasonable excuses

In general, the employee’s absences should be without reasonable excuses. The employee should not be able to show that he or she had a very good reason for every absence or for not following company policy when requesting the time off.

Warning given

You also need to show that you gave warnings about the excessive absences, including alerting the employee that termination could occur due to attendance issues.

If you follow these guidelines, you will be better equipped to defend the termination, should it become necessary.


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