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Has anyone actually been fired for attendance?
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<blockquote data-quote="Trucker Clock" data-source="post: 5717059" data-attributes="member: 70932"><p>He may have been able to get intermittent FMLA for his "neck injury" days off, but he still had an attendance problem.</p><p></p><p><em>UPS eventually terminated Haefling's employment as a result of his excessive absenteeism and his failure to abide by UPS's attendance policy. During the period leading up to the termination of Haefling's employment, the attendance records for Haefling maintained by UPS indicate that he was absent from work at least thirty-two of the 257 days he was scheduled to work (an absence rate of approximately twelve percent). The district court relied on Haefling's personal diary to establish Haefling's attendance rate for this same period. This diary, which purportedly contained Haefling's notes on his own attendance, off-set some of the absences contained in UPS's attendance records. However, the diary still indicated that Haefling missed twenty-five scheduled work days, which, in part, constituted seventeen occurrences. <strong>In examining the two hundred day period immediately preceding the termination of Haefling's employment, the district court found that Haefling missed eighteen days on eleven occurrences for reasons ranging from heat exhaustion, to a suspended license, to the flu. Of those eighteen absences, only seven days and five occurrences are attributed to Haefling's neck injury according to the district court's reading of Haefling's diary.</strong></em></p><p></p><p></p><p>And we were basically talking about being terminated for occurrences of lates and call ins just because you didn't feel like coming to work, not because of a possible injury and FMLA. Yes, you can be terminated, even though there is no published attendance policy.</p></blockquote><p></p>
[QUOTE="Trucker Clock, post: 5717059, member: 70932"] He may have been able to get intermittent FMLA for his "neck injury" days off, but he still had an attendance problem. [I]UPS eventually terminated Haefling's employment as a result of his excessive absenteeism and his failure to abide by UPS's attendance policy. During the period leading up to the termination of Haefling's employment, the attendance records for Haefling maintained by UPS indicate that he was absent from work at least thirty-two of the 257 days he was scheduled to work (an absence rate of approximately twelve percent). The district court relied on Haefling's personal diary to establish Haefling's attendance rate for this same period. This diary, which purportedly contained Haefling's notes on his own attendance, off-set some of the absences contained in UPS's attendance records. However, the diary still indicated that Haefling missed twenty-five scheduled work days, which, in part, constituted seventeen occurrences. [B]In examining the two hundred day period immediately preceding the termination of Haefling's employment, the district court found that Haefling missed eighteen days on eleven occurrences for reasons ranging from heat exhaustion, to a suspended license, to the flu. Of those eighteen absences, only seven days and five occurrences are attributed to Haefling's neck injury according to the district court's reading of Haefling's diary.[/B][/I] And we were basically talking about being terminated for occurrences of lates and call ins just because you didn't feel like coming to work, not because of a possible injury and FMLA. Yes, you can be terminated, even though there is no published attendance policy. [/QUOTE]
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Has anyone actually been fired for attendance?
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