Off topic...but is this illegal?!

Hobbes02 · Apr 3, 2010

Did you get any kind of paperwork or employee handbook when you agreed to work for the company? If so, read it very carefully. If the whole point system is laid out in there as you're telling it to us, then you basically agreed to work on their terms and if you accumulate enough points, for whatever reason it may be, they can legally fire you. If your boss has any sympathy, I think they would let it slide or wipe off some of the points. If on the other hand, they're looking to fire someone and you're over your points, then they can use that as an excuse and not be breaking any laws. I've seen companies use this system before to get rid of people they don't like. Although these people did have to earn enough points to get themselves fired, the people who they did like were allowed to stay regardless of how many points they had. :twocents:

note: I am not a lawyer, nor do I play one on TV. One or more of the above statements may be incorrect.

vccorscc · Apr 3, 2010

this point system was not in place when i began working for the company. its pretty new. however we did have to sign some paper a couple of months ago about it . my points arent an issue at the moment. i just dont think its fair to penalize someone for being sick basicly . whoever thinks up theses rule is a complete idiot:rolleyes:

mochagirl26 · Apr 3, 2010

Hopefully you have copies of those papers you signed Read through those and see the specific language of the agreement. If you ever want to challenge it, you may be able to do so under your state's labor laws (labor codes are available online) or federal laws such as the Family and Medical Leave Act (this won't apply if you work in a small office, part time, or have a short-term absence).

Interesting system your employer has, I wonder if they were tired of too many people abusing the previous sick leave policy?

vccorscc · Apr 3, 2010

i dont think anyone was abusing anything . We have a very good group of people , although mostly college age kids they are very good about showing up for work . Occasionaly we get one of em that comes in 5 mins late or something, but thats no reason to burden people with stupid rules

shortnorthstudent · Apr 3, 2010

Most employees in most states are employees at will meaning that there is no contract between the employee and employer. The employer can let an employee go for pretty much any reason and the employee can quit without having to stay to finish out a contract.

I understand that you don't think you should be penalized for being ill. But, look at it from the employer's POV. If you call in sick with little to no notice, then your work either isn't getting done, the employer has to pay someone else to come in or your co-workers have to pick up the slack. In any of those cases it does create a hardship for your employer. Generally, I wouldn't expect it to be an issue unless someone is abusing the sick policy in which case it gives the employer a concrete issue to point to when firing the person.

Jolie, BSN · Apr 3, 2010

As long as employers don't violate federal labor laws, they have a lot of leeway to establish attendance policies.

Smurfette_74 · Apr 7, 2010

most employees in most states are employees at will meaning that there is no contract between the employee and employer. the employer can let an employee go for pretty much any reason and the employee can quit without having to stay to finish out a contract.
i understand that you don't think you should be penalized for being ill. but, look at it from the employer's pov. if you call in sick with little to no notice, then your work either isn't getting done, the employer has to pay someone else to come in or your co-workers have to pick up the slack. in any of those cases it does create a hardship for your employer. generally, i wouldn't expect it to be an issue unless someone is abusing the sick policy in which case it gives the employer a concrete issue to point to when firing the person.

florida is definitely one of those states. :down: sorry vccscc, no way around this one.

elkpark · Apr 7, 2010

AFAIK, employers are not even legally required to provide paid sick leave, so I doubt there's any law about how they implement their sick leave policies.

dandk1997RN, MSN, RN · Apr 11, 2010

Speaking as someone who oversees a staff of about 20 people, at least in my case, yes, it is legal to penalize people for calling in to work, no matter what the reason. If you are sick enough to be put on short- or long-term disability, that is another story, but it you are just calling in sick, then yes, I am keeping track and if you do it too much, you will get in trouble. Get in trouble more than a couple times, and you'll lose your job. Get in trouble once, and you won't be eligible to transfer to another job within the hospital. If you are per diem and you agree to work certain shifts and call in, I will just quit giving you any hours, and I will do it without warning.

Why is this okay? Because some people, like me, will only call in when absolutely necessary. Others will call in if they get a paper cut. We still have hundreds of patients (I am in charge of the evening shift of the outpatient lab in a large hospital, and this is when most of our specimens arrive from MDs) waiting for their results. If half my staff calls in, the work comes to a standstill. If just one or two call in, the work is still slowed down, patients and doctors have to wait, and an undue and unfair burden is put on the co-workers who don't call in all the time. I have tons of paid leave, but it isn't reasonable to think I can take it whenever I please- it needs to be scheduled in advance. If I am REALLY sick and can't make it to work, I call my boss as soon as possible and he can make other arrangements, though in my case, I still end up being available by phone because nobody else on my staff is currently qualified to fill in for me.

I'm stepping down off my soap box. Sorry for the rant- can you tell I am having major attendance issues with some of my staff right now?