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Old 05-21-2017, 12:46 PM
 
10,075 posts, read 7,544,097 times
Reputation: 15501

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Quote:
Originally Posted by Forever Blue View Post
I'm beginning to think they may know that nothing about this no-call policy is actually IN WRITING
once again, it has nothing to do with this "no call" policy

he abandoned his job when he was a no show for consecutive days without notifying his superior <-- reason why your excuse of him having "hours" is irrelevant, he was not taking time off, he left his job

and as his "friend" you should butt out of his personal life
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Old 05-21-2017, 01:03 PM
 
Location: Michigan
5,654 posts, read 6,219,394 times
Reputation: 8248
Quote:
Originally Posted by Forever Blue View Post
I'm beginning to think they may know that nothing about this no-call policy is actually IN WRITING, but they'll say this to employees to give them a false sense of security & for those who don't cover their asses really well & document every time they call in & who they spoke to, then the job can turn that against them anytime they want to just let them go.
I agree with the previous poster that quoted this statement. This seems paranoid and cannot be what is goign on here. That a company would allow employees to not call and not show juat to set a trap for certain employees they've decided they want to terminate really strains credulity. As several other posters have said, someone not calling and not showing up is disruptive to the company, I don't care how large it is. And to allow that level of disruption just so they acan trot it out every now and again to terminate someone....no, I'm not buying this theory.

In every place I have worked not calling and not showing up are considered grounds for dismissal except for circumstances beyond one's control (in a car accident, for example, and physically not able to cali). I have heard of places where the first no call no show results in a warning, but I have never worked for one with a policy even that "lenient".

You mentioned that this is a really large company. In that case I would be shocked beyond belief that it does not have a written policy about what to do when yu can't make it to work. Even if that policy is that you don't need to call, it is in writing somewhere. IF my manager simply told me there is no need to call in I would want to see that in writing before I was comfortable doing it.

HAving said all that many lawyers will provide an initial consultation at no cost so if your friend can find one that will do that it might be best to put his or her mind at rest. I don't know about the structre of the bar in California but here in Florida there are certified board subspecialties. If California has such a program your friend could try searching the bar's member roster for lawyers certified in employment law in his or her area.
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Old 05-21-2017, 02:19 PM
 
Location: USA
3,568 posts, read 1,346,788 times
Reputation: 4221
OP, did this actually happen to you (as opposed to someone you know of)? You certainly have a lot of detailed information and seem very worked up.

First thing Monday, you (or this other person) should call the lawyer referral service and speak with an attorney. Almost everyone who gets fired think they have a case against the employer. Talk to an attorney and find out; no charge for initial consultation. Remember, the employer also has lawyers and they talked to them prior to the termination.

Also, you (or this other person) need to file for unemployment immediately. Employer has to give reason for separation.
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Old 05-21-2017, 02:49 PM
 
Location: Saint John, IN
11,582 posts, read 6,738,871 times
Reputation: 14786
Quote:
Originally Posted by BigDaveyL View Post
Right to work has nothing to do with being at-will.

Right to work has to do with being forced to join a union to get employment.

A state can be both right to work and at-will

Please get your facts straight before you give this advice.
Wow, unless you're an employment lawyer in the state the OP lives in you should watch your comments as well! So I misspoke.....if it's an AT-WILL state your employer can fire you for any reason. And I find it hard to believe any employer is going to say you can just not show up without at least a phone call or communication of any type. Doesn't matter how big they are. They need to know why you're not there & when you'll be coming back. What if everyone took the same day off? How would they run the business?

Last edited by CGab; 05-21-2017 at 02:58 PM..
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Old 05-21-2017, 03:25 PM
 
1,585 posts, read 1,932,401 times
Reputation: 4958
If this is your friend, he has not given the full story just the side that makes him looked wronged. Talk to all the lawyers he wants to, in the end there will be an, "ohhh, you didn't tell me that part" moment.
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Old 05-21-2017, 07:41 PM
 
Location: USA
3,568 posts, read 1,346,788 times
Reputation: 4221
Strange that friend hasn't taken a few minutes to register and post himself.
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Old 05-21-2017, 09:49 PM
 
3,820 posts, read 8,748,805 times
Reputation: 5558
Quote:
Originally Posted by Forever Blue View Post
I know someone who's been completely wrongfully terminated by HR for no reason & he plans to fight this all the way. He's a fantastic employee who's never been late, etc. I don't know what their agenda is, but how does one even start searching for labor attorneys? Is it searching the yellow pages for one in our area OR who can we contact in which they can give us the info for a few lawyers to call?

The situation is, he has a certain # of hrs to use whenever he needs a day off & he has plenty of these hrs & they said he doesn't even have to call in or anything to say he'll be out. It will just automatically deduct the hrs. Just as long as he has plenty of hrs, which he does. He was ill and took a couple days off & even went to urgent care one of those days, then BOOM, he gets this letter from this HR person about being close in negative hrs (which he's nothing close). They said he has 48 hrs to reply, which he surely did, but in ONLY 2.5 hrs, a termination letter is emailed to him. He's been locked out of being able to log onto his work's system to print out proof that he has plenty of hrs but he talked to 2 people at the job hotline who said he has 21.5 hrs left, but they couldn't mail HR anything. They said HR has access to the same computer & can look up the same thing they show.

If this situation doesn't call for a lawyer, no situation will. He wants to act fast here! This ordeal started happening when they sent him an email on Fri afternoon of May 19th.

Any help, links to sites, etc. would be appreciated! I'm in southern CALIFORNIA.
You can't be wrongfully terminated for no reason. The very term wrongfully terminated indicates a reason.
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Old 05-21-2017, 10:10 PM
 
Location: Silicon Valley
18,813 posts, read 32,512,273 times
Reputation: 38576
There are lots of employment attorneys. I'd start there rather than the Dept of Labor.

By the way, is your friend over 40 by any chance? Could be age discrimination, too, depending on things.

At any rate, labor attorneys are plentiful.

Oh, and if your friend chooses not to go with an attorney, the EEOC would probably give better results than the Dept of Labor, or so I've heard.
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Old 05-21-2017, 10:10 PM
 
Location: Somewhere in America
15,479 posts, read 15,626,751 times
Reputation: 28463
Quote:
Originally Posted by Forever Blue View Post
I know someone who's been completely wrongfully terminated by HR for no reason & he plans to fight this all the way. He's a fantastic employee who's never been late, etc. I don't know what their agenda is, but how does one even start searching for labor attorneys? Is it searching the yellow pages for one in our area OR who can we contact in which they can give us the info for a few lawyers to call?

The situation is, he has a certain # of hrs to use whenever he needs a day off & he has plenty of these hrs & they said he doesn't even have to call in or anything to say he'll be out. It will just automatically deduct the hrs. Just as long as he has plenty of hrs, which he does. He was ill and took a couple days off & even went to urgent care one of those days, then BOOM, he gets this letter from this HR person about being close in negative hrs (which he's nothing close). They said he has 48 hrs to reply, which he surely did, but in ONLY 2.5 hrs, a termination letter is emailed to him. He's been locked out of being able to log onto his work's system to print out proof that he has plenty of hrs but he talked to 2 people at the job hotline who said he has 21.5 hrs left, but they couldn't mail HR anything. They said HR has access to the same computer & can look up the same thing they show.

If this situation doesn't call for a lawyer, no situation will. He wants to act fast here! This ordeal started happening when they sent him an email on Fri afternoon of May 19th.

Any help, links to sites, etc. would be appreciated! I'm in southern CALIFORNIA.
I'm calling BS. If this happened to a "friend", why hasn't the "friend" joined CD for advice? THe OP knows far too many details and is faaaaaaaaaaaaaaar too invested in someone else's job.

People brag all the time that they're fantastic employees. Truth is most are just ok at their jobs. Very few are exceptional and irreplaceable. Who takes ANY days off without notifying SOMEONE? Two days? Three days? Yeah right. When you stop showing up for work, you're fired. That's how it works. You can't not call in.

Magically, this rule about not needing to call in is unwritten. BS. Companies - especially - large companies have company handbooks that outline vacation, sick, personal time in great detail. I've worked in HR and never saw any company have a no call in keep your job policy. Neither has my husband and he works for a Fortune 100 company so it's MASSIVE.

When I told my husband this story, he looked at me, laughed, and said what idiot doesn't call his boss? Then there's emails and texts.

My husband is a remote employee so no one misses him at an office. But if he even has a doctor's appointment he is required to let his supervisor know that he taking a long lunch. He's required to notify the supervisor in writing! Then he has to add it to the payroll system.

This whole story is far fetched. As for hiring a lawyer, why? Job abandonment means you quit. Lawyers cost money. There's no money here. Basically, you or your "friend" quit the job. That's what happens when you stop showing up for work.
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Old 05-21-2017, 11:08 PM
 
Location: USA
3,568 posts, read 1,346,788 times
Reputation: 4221
Also, fired employees always say they were excellent employees and never late. Whoopie.

What they don't say usually could fill a book.
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