I have a question on employment law?
Find answers to your legal question.
I have a question on employment law?
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Hi , can anyone answer a question to help me with my college law project.. if an employee has a history of being absent every so often but yet you have never actually given them written or oral warnings , then can you just say something to them like you have had enough and instantly dismiss them..
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kapn
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Yep.........termination at will is very common in the USA.....catch all legal term for your fired.......... |
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Richard G
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Although you didn't mention it, if I remember from an earlier question of yours, you are in Ireland. Therefore the answers pertaining to the USA are pointless to you.
I expect a good place to start is the "UNFAIR DISMISSALS ACT, 1977" and I have included a link to a pdf version below. Other acts are referenced at the end of this file that you may want to research also. |
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Brad J. K.
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It would be best if you gave at least an oral warning, or some written policy against work absence, but you can legally dismiss an employee for any legitimate business reason. Neglecting to show up for work would definitely fall under that category, and would be easy to prove in court. If you dismiss an employee, you need to give them the money that they are owed *that day.*
And to those citing "termination at will," sorry, but it's more complicated than that... |
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Hugh B
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It depends on the type of employment you have. Most companies employ "At Will" which means that they can just dismiss you without warning. Just like you can quit "at will" |
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Scott K
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No, probably not. You have established previous precedent that attendance was not a prerequisite for continued employment. While most states are now "at will," at will does not include disciplinary action. You can terminate employment for no reason at all, but if you give a reason then the reason needs to be valid and consistent. |
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Michelle H
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Yes. Most states are employment at will states. That means an employee can be terminated without cause without notice. |
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blktan24
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just tell them today is ur last day. that is the only requirmetns. no need for prior notice or reason for being fired is needed. |
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SS G
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NO. It becomes one sided action without telling the reason or giving an opportunity to explain. No employment Law or practice supports. It is against the principles of Natural justice.
A written record is to be built viz., calling for explanation, taking disciplinary actions like minor punishments etc over a period of time, Enquity, then finally dismissal order, a detailed speaking order (indicating all the stages passed). Because Dismissal is like a capital punishment in service. A mere dismissal order slapped on the face can be easily kept aside by any coourt besides making the life of the official signing it miserable. |
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Abram Ndlovu
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What if we are friend, both of us sign on the bank where we save the money and after that my friend diside to quit, as you now that it is to dificult to withdraw this amount without him. What must can I do deal with this situation. |
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