• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Question about termination???

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

dan148

Guest
What is the name of your state? Florida

Tomorrow afternoon we are expected to start feeling the effects of Hurricane Charlie here in South Florida (Heavy Rain & Hail, Tornadoes, etc...). By tomorrow night and into Friday we should be getting the brunt of the "Cane". Today at the restaurant I manage my boss came in to direct us on operating procedures during the "Cane". In our little meeting he said "If any employee calls and says they are not coming to work for us managers to "Discipline them" (ie: Write-up and/or suspension,terminate). Now, he did not mean it in a way where if the employee is scheduled at a time when the storm is on top of us they would still have to come to work. He meant it towards, primarily the "Day shift" employees who all day kept saying "I'm not coming to work tomorrow". I have been in the restaurant business for many years, primarily in Florida and have been through 3 hurricanes, including the biggest (ANDREW) and I have never had a Superior tell me to take disciplinary action towards an employee who "Calls out due to a hurricane". My boss went on about how he and his employees managed to "Get to work, and stay at work during blizzards when he was working in New york", blah, blah. Anyway, I know about the laws in Florida (Right to quit without reason, Right to terminate without reason within the law), however, is terminating an employee due to the above described, Within the law? Now, I am not an idiot, I know which employees will not show merely for the fact that they don't want to come to work and this is a perfect excuse, and I know who the employees are that really feel they need to stay home for one reason or another (Kids, pets, fearful etc...) so I will use my judgement as far as disciplining goes. Which brings me to my next question...If I discipline one (bad reason not to come to work) and not the other (good reason not to come to work) is that not within the law??
 


Beth3

Senior Member
is terminating an employee due to the above described, Within the law? Yes. Disciplining employees who refuse to venture out in the midst of a bonafide hurricane may be stupid but it's legal. Perhaps the boss has the same thoughts you do - that some employees see this as a good excuse not to come to work (we all have those) and thus was taking a tough stance - but in reality will use his best judgement depending on how severe the hurricane actually is.

If I discipline one (bad reason not to come to work) and not the other (good reason not to come to work) is that not within the law?? Of course. It may not be within company policy though. It's up to your boss.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top