Any recourse?

[JAFO22000]

What is the name of your state? CA

I have a friend who was just fired for a performance issue. Basically, she went out to her car for her lunch break to sleep and didn't wake up on time, coming back two hours later. While this is a bad performance issue, she was fired upon our employer getting word of what happened. This person had not had any previous performance issues until this. Can an employer fire someone for such a mental error as this, even though there were no previous problems with this employees performance?? And if so, is there any recouse for her?

 

[I AM ALWAYS LIABLE]

What is the name of your state? CA

I have a friend who was just fired for a performance issue. Basically, she went out to her car for her lunch break to sleep and didn't wake up on time, coming back two hours later. While this is a bad performance issue, she was fired upon our employer getting word of what happened. This person had not had any previous performance issues until this. Can an employer fire someone for such a mental error as this, even though there were no previous problems with this employees performance?? And if so, is there any recouse for her?

My response:

Simple answer: Yes.

California is an "At Will" State. If you need to know what that means, let me know.

IAAL

 

[cbg]

Nothing whatsoever in the law says that you cannot be fired for a first offense. Not only does she have no recourse based on your post, quite a few employers would fire her for this, and most of the rest would put her on final written warning. (No, she has no way to force her employer to go this route instead. If they want to fire her, she's fired.)

 

[JAFO22000]

Thank you for your help. Just one more thing. I also know of someone who got into a fistfight at this job, and he was put on a final warning but retained his employment. I know these are two different issues, but it seems that the more egregious of the two was less punished. This is a large company to, so I don't think that this matters, but....would it?

Thanks for the help, btw!

 

[I AM ALWAYS LIABLE]

Thank you for your help. Just one more thing. I also know of someone who got into a fistfight at this job, and he was put on a final warning but retained his employment. I know these are two different issues, but it seems that the more egregious of the two was less punished. This is a large company to, so I don't think that this matters, but....would it?

Thanks for the help, btw!

My response:

It doesn't matter at all. It is strictly within the sole, legal, discretion of the employer regarding who to fire, and who to retain.

IAAL

 

[JAFO22000]

Thank you for your help.

 

[jerzeegirl]

Progressive Discipline?

This situation is one that I hear of repeatedly. It makes me wonder why such emphasis is placed upon the need for employers to have a policies and procedures manual, which more often than not contains a progressive discipline policy, if all the employer intends to do is to ignore the darn thing under the excuse of the employment being "at-will."

Why waste the paper? I've heard all the textbook reasons for having a manual of this nature. That, and an employee handbook. But if an employer is hypocritical enough to use documentation like this to defend itself, and then at other times, say it doesn't have to adhere to its own policies because they don't constitute a contract per se, then why bother - where's the logic?

 

[cbg]

Any good progressive discipline policy will contain a clause allowing an employer to vary from it at the employer's disgression. Believe it or not, this is actually MORE fair to the employees than if the policy is never varied no matter what the situation.

Example: On Monday, Dave gets behind an overturned truck on the highway and is three hours late to work. He receives a verbal warning.

On Wednesday, Dave has been up all night with a sick three-year-old. He finally manages to fall asleep at five o'clock a.m.; misses the alarm clock, and is an hour late to work. He receives a written warning.

On Friday, Dave has a flat tire on the expressway and is two hours late to work. He is fired.

Meanwhile, two departments down, Sally is caught red-handed with her hand in the petty cash box and her pockets stuffed with cash. As defined by the progressive discipline policy, Sally receives a verbal warning.

See why a variation from the policy can sometimes work?