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Forgive and Forget? Not this Time!

Forgiveness.  It’s a good thing, right?

But should you “forgive and forget” when a top producer (who is “tight” with the boss), gets physical with female employees? Is this a “woman scorned” situation?

How should the HR manager handle this challenging situation? Read on for more details.

(**These incidents are based on real cases. Names and other details were changed.**)

An employee failed to show up for work and failed to notify the company of his absence for three consecutive days. In accordance with Company policy, after the third day, the employee was notified via letter that because of his three consecutive “no-call/no-show” absences, the Company considers the employee to have abandoned his job, and views this as a voluntary resignation from employment

Three days after sending the letter, the Company receives a call from the employee’s wife, advising the Company that the employee had been in the hospital for the past week and asking the Company to reinstate the employee and allow him to return to work.

Should the company reinstate the employee?

1. No, the employee has abandoned his job, which is a voluntary resignation. No matter the reason for the absence, the employee violated the attendance policy, and the Company has no obligation to reinstate the employee.
2. Maybe. The Company needs to determine if the reason for the employee’s absence is protected under state or federal law and, after that determination is made, then choose an appropriate course of action.
3. Yes, there was an extenuating circumstance (the employee’s hospitalization) that prevented the employee from following Company procedure; therefore, the employee must be reinstated.

Read on for the correct answer.

FEDERAL UPDATES

Reminder to Use the New Form I-9 November 1

California

Background Check Requirements Revised

Fast Food Council and Worker Minimum Wage $20

More Paid Sick Leave for All

Connecticut

Update Your Paid Sick and Safe Leave Policy

Montana

Adds Free Speech to Wrongful Termination

New Jersey

MUST READ – New Obligations When Separating Employment