You Can't Fire Me! Check Your Policy

YOU CAN'T FIRE ME! CHECK YOUR POLICY1

The following case is based on an arbitration case heard by G.W. Bohlander. Names and dates have been

changed.

Supervisors report that discharging an employee is one of the toughest tasks they perform as managers.

Furthermore, termination for absenteeism can be particularly difficult due to the causes of absenteeism, and, in

some cases, the past work record of the employee. This case illustrates a typical absentee problem faced by

management.

Mary Schwartz was employed by Beach Hotel - New York for nine years. For the first six years of her

employment she was considered a model employee. Mary's annual performance reviews were always above

average or exceptional and she was described by her managers as a loyal and dedicated employee. However,

things changed rapidly in 2004 when Mary became, as her current manager stated, "an absentee problem."

According to HR department records, in 2005 and 2006 Mary was absent 12 percent and 19 percent of the time,

respectively. Her worst year was 2007, when she was absent 27.2 percent of the time. However, unlike other

absent employees, Mary was always absent because of genuine and verifiable illnesses or work-related

accidents. Mary's supervisor had talked to her periodically about her attendance problem, but she was never

given an official warning notice -oral or written- that she would be fired if her attendance record did not

improve.

The incident that caused her termination occurred on Thursday, May 17, 2007. On that day her manager

notified all department employees (8 in total) that they would need to work overtime on Saturday, May 19,

2007, to complete a critical proposal for a highly valued and important corporate customer. All employees

agreed to work Saturday, except Mary, who cited "personal reasons," which she refused to disclose, for her

refusal to work.

On Monday, May 21, 2007, her supervisor, with concurrence from the department manager, terminated her

employment for "unsatisfactory attendance." Mary did not dispute the attendance record; however, she filed a

grievance