The most fundamental part of all jobs is showing up to work every day. It is a basic responsibility that no one can dodge.
That said, life happens. Family members get sick, last-minute problems come up, and personal crises occur. Yet while everyone takes a day of sick leave from time to time, at some point it begins to become a problem.
So what legality is there to fire someone for absenteeism?
Firing someone for absenteeism should not be an employer’s first choice. There are plenty of other solutions employers should consider first to work with an employee that is consistently absent. Although there are times when an employer has enough legitimate basis to fire someone for absenteeism, rushing to fire an employee can lead to a wrongful discharge claim. If you think your employer fired you wrongfully, you should contact a qualified employment legal matters attorney.
Firing for Absenteeism: Key Points to Know
An employer can often act on a real attendance problem, but the law limits when and why. Keep these points in mind if you were let go over missed work.
- At-will has limits: Most employers can end employment for any lawful reason, but not for one that is discriminatory or retaliatory.
- Protected leave is not absenteeism: Absences covered by laws such as the FMLA, ADA accommodations, or Maryland’s earned sick and safe leave law may be protected, depending on your employer and situation.
- The stated reason should match the real one: Shifting explanations, or harsher discipline than coworkers with similar attendance received, can point to an unlawful motive.
- Records strengthen your case: Save attendance records, leave requests, medical notes, and your termination notice, and talk with an attorney before deadlines pass.
What Is Absenteeism?
The online Merriam-Webster dictionary defines absenteeism as a chronic absence from work or school. Similarly, the Oxford Dictionary defines the word as the “practice of regularly staying away from work or school without good reason.”
Absenteeism is not simply calling in sick for one or two extra days a year. And it does not refer to situations when you have to take extra leave to care for a sick family member, deal with a difficult home situation, or struggle with mental or physical health issues. In reality, it refers to a situation when an employee frequently decides to stay away from work without a reasonable cause.
Why Do Employers Care About Absenteeism?
Absenteeism is a sizable problem for employers. According to a Centers for Disease Control and Prevention (CDC) study, absenteeism costs employers about $225.8 billion in lost productivity every year. That equates to almost $1,700 per employee. Statistics from the U.S. Bureau of Labor Statistics reveal that approximately 110,000 employees nationwide are absent from their workplaces on any given day of the year.
Absenteeism can result in:
- Extra work being reassigned to the absent worker’s colleagues;
- Some work not being completed on a timely basis; and
- A decrease in the morale of the workforce.
It might not seem like a serious concern if one employee does not show up to work from time to time, but the effects of absenteeism often ripple out and reverberate throughout the entire workplace.
The truth is that employers have a legitimate obligation to combat absenteeism. Likewise, employees should do their best to regularly come to work. If they want to stay away from their jobs due to burnout, it may be time to make changes or begin searching for a better job.
Let Go Over Missed Work?
Losing Your Job After Time Off Is Hard, and You Have Options
Being fired over absences is stressful, especially when the time off was for your health or your family. The employment attorneys at Smithey Law Group will listen to what happened, explain whether your rights may have been violated, and help you decide what to do next.
Request ConsultationWhat Is the Legality of Firing Someone for Absenteeism?
Most states embrace the concept of “at-will” employment. That means that employers can fire any employee at any time, for any reason or no reason at all. However, employees must still follow other laws, like anti-discrimination laws.
But when is firing someone for absenteeism appropriate? The difficult answer is that it depends. There are several factors to consider when evaluating whether an employer acted legally in firing someone for absenteeism, including:
- Whether the employee was actually absent, and if they were absent, whether their absences were enough to constitute absenteeism;
- The employer’s stated reasons for terminating the employee;
- The employer’s actual reasons for terminating the employee;
- Whether the employer treated the employee differently than other employees who had engaged in the same conduct; and
- The reasons for the employee’s absences.
Although these factors are usually present in absenteeism cases, there are many other circumstances that can come into play. Even seemingly insignificant details can make a major difference in your case. The best way to determine whether your termination for absenteeism was legal is to contact a knowledgeable employment legal matters lawyer.
How Can A Lawyer Help Me If My Employer Fired Me For Absenteeism?
If your employer claims to have fired you over absenteeism, it’s easy to feel helpless. However, the truth is that you still have rights.
A lawyer can help you in several ways. First, they can explain the law to you. By drawing on their years of expertise in employment law, they can help you understand your options. Just because you were fired does not mean that you cannot appeal your termination. An attorney can also evaluate whether you have a case against your employer for wrongful discharge. Once you have consulted with them, they should be able to give you an idea as to what types of compensation you might be able to obtain.
Yet another advantage of a lawyer is that they can serve as your advocate. This means that a lawyer knows how to stand up for your rights in front of your employer and any third parties that might become involved in your case.
Finally, an attorney can help you collect essential information for your case. With wrongful discharge cases, a major ingredient in winning the case is gathering information that shows your employers’ actions were actually based on discriminatory or illegal motivations.
Fired for Missing Work? Common Questions, Answered
Often, yes. Most employment is at-will, so an employer can generally fire someone for excessive unexcused absences if it follows its own policy and the reason is lawful. A firing becomes unlawful when the real reason is discrimination, retaliation, or interference with legally protected leave.
There is no single legal definition. Absenteeism generally means a pattern of frequent absences without a reasonable or approved cause, and employers usually define it in an attendance policy. Occasional sick days and approved or legally protected leave are typically not treated as absenteeism. Policy wording and how it is applied matter.
Depending on your employer and circumstances, the Family and Medical Leave Act (FMLA), reasonable accommodations for a disability under the ADA, and Maryland earned sick and safe leave may protect your absences. Time off for your own illness or a family member’s care is often covered, but eligibility rules vary.
It can. Eligible employees may take up to 12 workweeks of job-protected leave for qualifying reasons. You generally must have worked for a covered employer for 12 months and 1,250 hours, at a site with 50 or more employees within 75 miles. Firing you for protected FMLA absences may be unlawful.
Generally not, if you used the leave as the law allows. Maryland employees accrue at least one hour of leave for every 30 hours worked, up to 40 hours a year, and employers cannot take adverse action for proper use. Employers with 15 or more employees must provide paid leave; smaller ones must provide unpaid leave.
Yes. An employer may cite attendance when the real motive is discrimination or retaliation. Warning signs include shifting explanations, being fired soon after a complaint or leave request, or harsher treatment than coworkers with similar attendance records. Evidence of that pattern can support a wrongful termination claim.
Ask for the reason in writing if possible, and gather attendance records, leave requests, medical notes, performance reviews, and emails. Have any severance agreement reviewed before you sign it. Then speak with an employment attorney soon, since deadlines for filing claims can be short.
Contact an Experienced Wrongful Termination Attorney Today
If your employer fired you for supposedly engaging in absenteeism, you may feel like you are powerless and outmatched.
However, you are not alone.
At Smithey Law Group LLC, we understand that most employees take their job seriously. We also understand that employers often make major mistakes that turn their employees’ lives upside.
Know that we are standing by to help you.
Together, our lawyers have over 150 years of experience defending employees and fighting against greedy or unjust employers. Because of our experience, we know how to handle employment law litigation. Many of our attorneys are experts who frequently write articles on employment issues. In addition, our attorneys have won countless awards and appear regularly in both print and broadcast media.
If you think you might have a wrongful discharge case against your employer for firing you for absenteeism, give us a call. Let us work with you to discuss your legal options, work for your best interests, and help you take your next steps. Give us a call today at 410-919-2990 or contact us online.
