Lapses in Employee Attendance: Can an Employer Terminate Employment?

The age-old question arises when an employee begins to show up late, takes extended lunches, or leaves early. Employers often grapple with the dilemma of whether they should address these issues through disciplinary measures or simply let such behavior continue. This article aims to provide clarity on this matter and guide employers on the appropriate course of action.

Understanding Employment at Will and Termination Rights

In the United States, employment is generally at-will, meaning that an employer can terminate an employee for any reason or no reason at all, with the exception of a few protected categories such as national origin, religion, gender, and race. This principle supports the idea that an employer has the right to manage their workforce and does not require a significant justification for termination. However, maintaining a fair and just work environment is essential. If an employee exhibits consistent negative behavior, addressing it promptly is crucial for ensuring a productive and respectful workplace.

Inherent Issues with Late Arrivals and Early Departures

Employees who are consistently late or take long breaks are not only inconveniencing their colleagues but also demonstrating a lack of commitment to their work. When an employee is unreliable, it can create a ripple effect, impacting the productivity and morale of the entire team. It is important for employers to address these issues to maintain a positive work culture and ensure that all employees are valued and respected. Failure to do so can lead to a toxic work environment and reduce overall job satisfaction.

Initial Disciplinary Actions

When an employee starts showing up late, taking extended lunches, or leaving early, the employer should first issue a formal warning. This should be detailed, clear, and documented. The employee should be explicitly informed about the expectations and consequences of continued misconduct. A second warning should be issued if the behavior continues, emphasizing that improvement is necessary. If, despite these warnings, the employee does not change their behavior, a third offense or termination becomes a viable option.

Handling Unionized Employees

In cases where employees are unionized, termination processes can be more complicated. Employers need to follow specific procedures outlined in collective bargaining agreements. However, this does not mean that the employer has no power. Unionized employees can still be disciplined or terminated, but the process must be transparent and fair. Ensure that you have documented all instances of misconduct and that any disciplinary action is clearly communicated to both the union and the employee.

Conclusion: Employers should act swiftly and decisively when dealing with lapses in employee attendance. Providing clear guidelines and expectations, issuing timely warnings, and, if necessary, following through with termination, is essential for maintaining a professional and productive work environment. Failure to do so can result in a decline in efficiency and a negative impact on company culture.