Job Abandonment/Termination

Sunny

I've got a bit of a situation and would appreciate some advice about our possible exposure. I also apologize for the length of this but a union situations is always complicated and I am in a union mfg. plant. We have an employee (with a terrible attendance record) of 8 years who last came to work on June 16th. He called in on June 17 and said he was sick. We did not hear from him again until June 24th. He called in and said he was having chest pains. I told him to keep me informed on how he was doing. His nephew picked up his check on the 26th and I also sent home FMLA/Short-Term Disability forms. These were never returned, nor did the employee call again until July 7th. On July 7th he called the Plant Manager and asked if he could come to work on the second shift. The Plant Manager told him he couldn't, he had to work his scheduled shift. Later that day he called me and told me he would be back to work on Wednesday. He did not come back, nor did he call. On Friday I sent him the standard voluntary quit letter (absent three days without notification to the company.) He signed for the letter on July 14th but did not call me until the 16th. He said he was coming to see me but did not show up. He did show up yesterday at 3:30. With the Union rep present I told the employee that the Company considered him terminated. His doctor's excuses had him returning to work on July 9th, he had not come back, nor had he called. After conferring with the Union rep he came back in and asked if the Company would help him and said he had a little bit of a problem with alcohol. As my management wanted me to, I told him that we considered him terminated. The union rep (a new one) asked me how to file a grievance on this and I referred him to the Union president. I am not concerned about the Union on this one as they got him his job back last year after he had been fired for gross attendance violations and will probably not fight too hard this time. However, I wonder if we have any absolute responsibility to send him for treatment? Mind you, I don't really think he wants treatment, he just wants his job back, but I am concerned about possible legal ramifications. Thanks.

Balloonman

I would not worry about it unless your policy/past practice is to offer rehab. But even then, I would hold to the fact that he has been terminated so you have no obligation to do anything. Obviously if he had asked for the help before getting terminated it would be a different situation. Don't lose any sleep over it.
My $0.02 worth.
DJ The Balloonman

Don D

I agree with Balloonman. Although the union will probably file a grievance for him or with him, it appears that you have your ducks in a row with all that documentation. This seems to be a classic case of asking for help too late. Unless you get some oddball arbitrator (but aren't they all?), the arbitrator will have to see that you followed your policies to a 'T' and he won't be able to substitute how he 'feels'. I don't know if the attendance thing went to arbitration (it should have), but I would surely let this one proceed all the way and not cave to the union at any step of the process. The only thing I would back up and do now is get a memo from the supervisor stating exactly what he knew and when and that the ee never at any point addressed the issue of wanting help for an alcohol problem. That will probably be one of the claims he makes in a hearing........."I asked them for help and they fired me." So bring a violin to the hearing.

Sunny

Thanks Guys - that was my feeling too. Don, we haven't had an arbitration here since I started 5 years ago, and not for a long time before that. The Union hasn't filed a grievance yet, they probably will do that just to avoid a "failure to represent" issue, but they agree with the termination. He never asked for help at the third-step for his attendance hearing last year so we'll probably be okay.

LindaS

I agree with Balloonman and Don - don't lose any sleep over it as long as you are following your policies, and past practice, regarding the termination of this employee. The employee waited until AFTER he was terminated to come forward regarding his alcohol problem and even then, did not indicate he was seeking treatment for his problem. Alcoholism, after it has been certified by some type of health care provider, is covered under the FMLA as long as the person is in treatment. You do NOT have to make accomodations for persons missing time due to their drinking.