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Fired for missing a day

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bradviper

Junior Member
What is the name of your state? virginia
I was recently fired for missing a day of work without calling in prior to my shift, although several of my co-workers have done the same thing in the past without ANY actions being taken against them. I wasn't warned, written up, or suspended, I didn't even have a supervisor tell me I was fired until 4 days later.
Furthermore not one person has asked me why I didn't work on the day in question. IS THIS LEGAL????? Please help!!
 


cbg

I'm a Northern Girl
Yes, it is perfectly legal.

Unless you have a VALID reason to believe that you, and only you, were fired for this offense BECAUSE OF your race, religion, national origin etc., you have no legal recourse. The employer is allowed to fire you for missing work without calling. The law does not require that you be written up or suspended first. They are not required to ask you why you didn't work. Missing work without calling IS a termination offense.

Next time, call in.
 

cheapo

Junior Member
I am not a lawyer, but I am an employer. The fact is that you didn't come in to work when you were suppose to. It is about YOUR actions that caused the fireing. There is no one to blame here but you.

Learn and move on.
 
cbg said:
. Missing work without calling IS a termination offense.
That's almost certaintly true. The only exception might be is if the person had an employment contract or there was a company handbook and that contract or handbook mandated progressive disciplinary steps prior to termination.

I've represented a government agency once that had employees do far worse things than miss a day of work without calling in but they couldn't immediately be fired because they first had to be written-up several times, given a hearing, etc. The documentation that could be required to terminate an employee under such circumstances can be substantial and the process time-consuming.

I'm certainly not saying the employee wasn't being irresponsible.
 

cbg

I'm a Northern Girl
The only exception might be is if the person had an employment contract or there was a company handbook and that contract or handbook mandated progressive disciplinary steps prior to termination.

Granted. However, in eight years of posting responses here and on other boards, it has been my experience that in 99 cases out of 100, if that is the case the poster will mention it in the initial post.
 

BelizeBreeze

Senior Member
Rhubarb297 said:
That's almost certaintly true. The only exception might be is if the person had an employment contract or there was a company handbook and that contract or handbook mandated progressive disciplinary steps prior to termination.

I've represented a government agency once that had employees do far worse things than miss a day of work without calling in but they couldn't immediately be fired because they first had to be written-up several times, given a hearing, etc. The documentation that could be required to terminate an employee under such circumstances can be substantial and the process time-consuming.

I'm certainly not saying the employee wasn't being irresponsible.
And this reply is a bunch of crap. Any employee can be fired for 'cause' such as missing work without prior notification, employment contract or not. IF a contract exists, the exact wording of the contract would then prevail.

HOWEVER, an employee handbook or other 'company-generated' documentation has absolutely no basis in law. :rolleyes:
 

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