Firing for excessive absenteeism

gwen

[font size="1" color="#FF0000"]LAST EDITED ON 11-19-02 AT 04:16PM (CST)[/font][p]The employee has not shown up for work since Novemer 8th. Employee communicates via email, because his telephone is disonnnected. We want to terminate the employee immediately. Should we fire via emai?

Theresa Gegen TX

Assuming that you don't have any notice that the reason for the absense is covered by FMLA, I would write a letter and have it delivered to him.

Email does not seem professional enough for the situation. I once had a case where the employer met with an employee at a stakehouse to discuss his employment and terminated him there. He sued for wrongful termination. We did a mock trial -- the mock jury was livid that the employee was terminated at a stake house -- in their view it was not professional.

I also think that email is not professional enough, and is the type of fact that could anger a jury. An offical signed letter is a much better option (even if you have to pay something for hand delievery of overnight mail).

Good Luck!

Hatchetman

I agree with Theresa Gegen. Any correspondence from the employer should be in writing through formal communications, minimally, especially those related to employment status and pay. However, there is certainly nothing wrong with additional communication through e-mail, that is then confirmed in writing immediately. I certainly wouldn't though comunicate a discharge through e-mail at all. But you may want to remind the employee of the reporting obligations and consequences. And then in the follow up confirmation letter add the additional information.

However, has the employee given any explanation as to why he is not comng to work? Has the supervisor inquired of the employee or obtained any information as to why the employee has not come into work?

Don D

Who paid for the 'stake'?

Rockie

I also think it is not professional for an employee not to show up for work since November 8 and still expect to have a job. I would send a certified letter citing job abandonment as grounds for termination. (Agree, of course, with the FMLA recommendations).

Hatchetman

I think you may have a hard time arguing "abandonment of the job" if the employee has been in contact with the employer through e-mail while he has been absent. You could argue unauthorized absence that warrants discharge. But I think that the employee could be said to have tried to retain the job by being in contact and certainly was not abandoning employment. It all depends on what was said by the employee and the employer, if there was an e-mail excahnge. Without that. it is hard to say what the exact position should be at this point (even if FMLA isn't involved) in context of the employer's practices and policies.