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how long does an employer have to fire you for missing work?

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confuzdncali

Junior Member
What is the name of your state (only U.S. law)? California



What is the name of your state (only U.S. law)? California

So I called in for work thinking that I probably would get fired right then on the phone. And then went to work thinking I would get fired as soon as I walked in and didn't, in fact nothing was said to me about my calling in. Well my employer waited a few days then fired me in the last 15 minutes of my shift. When I asked her why she waited so long to fire me she said it was because she was busy. I am just wondering if thats legal.

I have been unemployed for 6 months now and have applied almost everywhere only getting a few interviews.

The issues I had not getting to work were as follows. Car troubles (called in my supervisor said no prob. get it fixed see ya tomorrow), Then was 20 mins. late on a shift that was verbally changed (i was asked to come in at 11:30 instead of 6.00) then I got a call at 11:10 asking why I wasnt there and that I was told 11:00 not 11:30. And then last time when I was suprised I didnt get fired on the phone. Could this be why I am not getting any job offers?
 


pattytx

Senior Member
Prospective employers don't do reference checks unless the applicant is seriously being considered, for example, one of the top two or three candidates. Even so, if what they may say in a reference is true, there is no legal action that can be taken.
 

cbg

I'm a Northern Girl
First, to answer your question, yes, it was legal. No law in any state says that if an employer hasn't fired you within x amount of time for an incident, they are barred from doing so.

I think it is far more likely that you are not getting job offers because there are currently several hundred applicants for every opening. As Patty says, employers do not do reference checks until after they have already done the interviews (probably more than one of them in many cases) and decided on their top candidates.

However, if I had a choice between two equally qualified candidates, one of whom had a history of tardies and one who didn't, I'd go with the one who didn't. And neither I nor the employer who told me about the tardies would have anything to worry about as you could not take any legal action against either of us; both of us would have operated entirely within the law.
 

Betty

Senior Member
Could this be why I am not getting any job offers?
We have no way of knowing why you are not getting any job offers. However, many people are having trouble finding jobs in the current "economy."

Your termination was not illegal (unless you had a binding employment contract to the contrary) & it would not be illegal for your former employer to give out the reason for your termination to prospective employers.
 

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