Need help with Termination of WC EE
NeedCoffee
595 Posts
This is my first post on the forums - sorry it's under these circumstances!
I have an ee who is in danger of violating our absence policies - he left work to see a doctor in relation to pain from his injury under WC, then was given the rest of the day off. He had a note from the doctor excusing him from the time he was at the doctor's office. The ee has not returned to work yet - he went to the doctor last Thursday. He called in on Monday, but did not call in on Friday or Tuesday. There is a chance the ee misunderstood the dr note, and believes he is to return when he feels better.
We cannot get in contact with the ee. He is not answering the phone, and if he does call in, we are going to tell him he must obtain a dr's note excusing him from all the days off (this is pursuant to a workplace policy re: 2+ days missed from work). If he cannot obtain a dr's note, we will terminate.
My question is, if he honestly believes he has been excused per the original dr's note, can we terminate him? Under our policies, after 2 unexcused absences (no call no shows), upon the 3rd you can be terminated. Today would be his 3rd unexcused absence. Because the ee has not been to work, we have not been able to notify him that he is in danger of termination if he has another unexcused absence.
Any help? Ideas?? Commiseration??
I have an ee who is in danger of violating our absence policies - he left work to see a doctor in relation to pain from his injury under WC, then was given the rest of the day off. He had a note from the doctor excusing him from the time he was at the doctor's office. The ee has not returned to work yet - he went to the doctor last Thursday. He called in on Monday, but did not call in on Friday or Tuesday. There is a chance the ee misunderstood the dr note, and believes he is to return when he feels better.
We cannot get in contact with the ee. He is not answering the phone, and if he does call in, we are going to tell him he must obtain a dr's note excusing him from all the days off (this is pursuant to a workplace policy re: 2+ days missed from work). If he cannot obtain a dr's note, we will terminate.
My question is, if he honestly believes he has been excused per the original dr's note, can we terminate him? Under our policies, after 2 unexcused absences (no call no shows), upon the 3rd you can be terminated. Today would be his 3rd unexcused absence. Because the ee has not been to work, we have not been able to notify him that he is in danger of termination if he has another unexcused absence.
Any help? Ideas?? Commiseration??
Comments
If the doctor didn't disable him from being at work, the W/C carrier and you don't owe him anything as far as pay.
To answer your question,NeedCoffee, (NeedCoffee?!?) you have reasonably tried to contact him and are within your rights to terminate. I would be well backed with documentation because terms involving W/C are always sticky. Eventually, you will hear from him and I would press him for a legitimate answer. I wouldn't buy a story about him not understanding a simple doctor instruction. In the meantime, you are not losing anything, but I wouldn't go beyond two weeks of trying to contact him. After that, I would terminate. You also may try your W/C carrier. Have them try to contact him.
Welcome to the forum. With some of the things that come up here, you'll find that most of us here don't need coffee as much as we need a drink.
Even IF he did receive medical cerification of the need for his being off work that still does not excuse him from contacting the company regarding his absences in accordance with your policy.
Does the EE have an answering machine? If so I would go ahead and leave a message informing him that his employment was in jeopardy and follow that up with a letter informing him that his employment will be terminated effective today unless he can provide a valid certification for the medical need for his being off work as well as a logical explanation regarding WHY he hasn't called in each day.
In our company, I am the only one who can excuse someone from calling in each day and once that authorization is given I notify the production supervisors accordingly.
Hope this helps.
Unfortunately the ee doesn't have an answering machine, and there's also a language barrier, so I think a written letter will probably be the best bet.
Also, I would document the dates and times you have tried to reach him with now answer. (Make sure you do it at different times during the day and you have an interpreter available if there is a language barrier.) After the 3 days no call no show, write him letter that explains policy and what he did and that you accept his resignation. I send one certified, but also send another regular mail. This way if he won't sign the certified, and the regular mail one is never returned, you know that he got it.
One last thing, it doesn't hurt to ask around the company and find out if anyone there might know anything about him and how to reach him. Let the questioning show that your are concerned since you haven't heard from him. Also Gossip flies (around the place of employment as well as back to him.)
Good Luck
E Wart
The point is that you should leave yourself some latitute 'just in case' but get the message out there as quickly as possible. The burden of proof on delivering the message will be your reasonable attempt, not necessarily proof that the employee/ex employee actually received it.
Exercise all of your options in the W/C process as well--get all the information you can get. You don't need the employee's authorization to do so with W/C.