When Does an Employer Have the Right to Let an Employee Go?

Sometimes having to be absent from work cannot be helped. Yet, sometimes companies/places of business will actually fire employees for missing even just a couple of days of work. Do they have the right to do this? Well each company is different and has it's own rules and regulations. However, in my opinion if the employee has a very good reason/excuse the company should not be allowed to fire them.

Here are some reasons I feel an employee should never have the right to let an employee go.

One...family emergencies have to be one of the major reasons for an absence from work. A sick or injured loved one, a sick child or spouse, and any other occurrence with a family member are all situations that cannot be avoided and should not be a reason to fire an employee.

Two...sickness/illness of the employee where the employee is under the care of a medical doctor or other physician should never be grounds for terminating employment. If someone is sick why should the company have the right to fire them?

The third thing happens more often than people think. That is firing a women if they take maternity leave. Yes it is definitely true, some companies find loop holes in the "maternity leave" policy so they can fire the woman. A woman should have at least six weeks of maternity leave coming. If she is let go before that six weeks is up she needs to talk to an attorney. After the six weeks unless other plans have been made in advance, then there may be grounds for dismissal.

Fourth is medical leave. If an employee must have surgery or other treatment that will require him/her from being off from work for an extended period of time, the company should have a "medical leave" policy. Sometimes the amount of time one can take is actually specified. However, if it is going to take more time to recover than expected talk to your place of employment to see what their policy on this. Some companies have the right to hire a temporary replacement while you are away. Make certain that your job will still be there when you recover (and have them put it in writing).

Fifth...one thing companies like to dismiss employees for is if they ask for a personal leave of absence. A personal leave of absence is just that...personal. You should never have to inform your employer what the time is needed for unless you desire to, and they have no right to ask. A lot of companies will make an employee take vacation time, sick days, or other time for a personal leave of absence. When those days are up and the employee is not ready to return to work the company has the right to make it an unpaid leave. Unless arrangements are made in advance a company can also let the employee go if they are not back to work in a specified amount of time (unless the employee has an excuse).

Therefore, when going to work for a company or place of business talk to them upfront about what their policies are on any type of leave. Make sure that these policies are specifically addressed in the employee's manual/handbook.

Source:

Personal experience