Good Day.
I need your expertise please. I have a situation. Here is it.
State: California
Employer: Environmental Construction
10 employees total
An employee (Stan) and his wife welcome a new baby into the world. So sad and unfortunate the baby passes aways from SIDS. The employer (XXX) work is slow and all the employees are working limited hours and it's the holiday season.
Stan calls within a week and says he wants to return to work however XXX feels he's not fit to return to duty. XXX asks Stan to seek a medical provider's opinion on his own or XXX will send Stan for a fit for duty exam (paid for my XXX).
Stan "states" he has seen a medical provider but does not provide XXX with any documentation. XXX asks on 2 separate occasions via email for Stan to provide documentation. Stan ignores requests.
While Stan is out on leave he uses XXX gas card without permission. He uses $446.17 in gas charges and a $25.00 toll fee.
Stan is not a good employee and has several verbal and written warnings in his personnel file. Most recent XXX became aware of Stan slandering XXX but has not been able to discuss with Stan as he has not returned to work.
“When an employee calls in absent they are to advise XXX of their expected date of return. Management reserves the right to require proof of illness, injury or accident, including a doctor’s statement or notice for any temporary disability.” You have not provided this.
The hand book also states “Repeated absences, excessive absences (excused or unexcused) or a pattern of absences are unacceptable job performance. If an employee is absent for three consecutive days and has not provided proper notification, XXX will assume that the employee has abandoned their position and will be treated as having voluntarily terminated employment with XXX.”
I did provide Stan with Form WH 380 E, which he has not returned. However, I believe XXX is not held for FMLA?
Can XXX terminate Stan? Under Employee Handbook Voluntary Terminated Position and Using XXX Credit Card with proper Authorization?
Thank you in advance for your assistance.
I need your expertise please. I have a situation. Here is it.
State: California
Employer: Environmental Construction
10 employees total
An employee (Stan) and his wife welcome a new baby into the world. So sad and unfortunate the baby passes aways from SIDS. The employer (XXX) work is slow and all the employees are working limited hours and it's the holiday season.
Stan calls within a week and says he wants to return to work however XXX feels he's not fit to return to duty. XXX asks Stan to seek a medical provider's opinion on his own or XXX will send Stan for a fit for duty exam (paid for my XXX).
Stan "states" he has seen a medical provider but does not provide XXX with any documentation. XXX asks on 2 separate occasions via email for Stan to provide documentation. Stan ignores requests.
While Stan is out on leave he uses XXX gas card without permission. He uses $446.17 in gas charges and a $25.00 toll fee.
Stan is not a good employee and has several verbal and written warnings in his personnel file. Most recent XXX became aware of Stan slandering XXX but has not been able to discuss with Stan as he has not returned to work.
“When an employee calls in absent they are to advise XXX of their expected date of return. Management reserves the right to require proof of illness, injury or accident, including a doctor’s statement or notice for any temporary disability.” You have not provided this.
The hand book also states “Repeated absences, excessive absences (excused or unexcused) or a pattern of absences are unacceptable job performance. If an employee is absent for three consecutive days and has not provided proper notification, XXX will assume that the employee has abandoned their position and will be treated as having voluntarily terminated employment with XXX.”
I did provide Stan with Form WH 380 E, which he has not returned. However, I believe XXX is not held for FMLA?
Can XXX terminate Stan? Under Employee Handbook Voluntary Terminated Position and Using XXX Credit Card with proper Authorization?
Thank you in advance for your assistance.
Getting Fired: Can You Fire an Employee Who May be FMLA-Eligible
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