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Employment Law

Absenteeism and Lateness

The duty of an employee to report for work regularly and on a timely basis is the most important responsibility of the individual. However, not all absences will justify termination of the employment relationship. The courts will consider a number of factors in determining whether just cause for dismissal exists including:

  1. the nature and degree of absences over time;
  2. the prejudice, if any, to the employer resulting from the employee's absence;
  3. the warnings, if any, given to the employee relating to absenteeism.

Generally speaking, occasional lateness will not amount to just cause for dismissal. However, chronic tardiness over time may constitute just cause for dismissal after the employee has been provided with appropriate warnings in advance of dismissal.

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This material is copyrighted in 2004 © by Brian A. Grosman and may not be reproduced without his specific written permission.