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Although the general answer is yes, it is accompanied by many what ifs. If the employee's absences are caused by medical reasons, including pregnancy or disability, you mayand more than likely wouldviolate the Family Medical Leave Act, the American Disabilities Act, or any applicable state laws.
In Texas, you will be denied unemployment benefits if you leave your job voluntarily and without a compelling reason. You refused a suitable job when offered one. One condition of receiving benefits is that you must continue to look for work and only rely on benefits as a short-term relief.
Texas Workforce Commission, the Dallas Court of Appeals confirms that termination due to violations of employer's written attendance or tardiness policy constitutes misconduct connected with the work rendering the employee ineligible for unemployment benefits.
Qualifying for UnemploymentIn many states, people who are fired for a reason, such as tardiness, absenteeism or incompetency, can still collect benefits. The best way to find out whether you are entitled to unemployment insurance is to file a claim.
Dear Employee Name: As of the date of this letter, you have been absent from work since date of last day of work or last day of approved leave. Because your absence has not been approved, and we have not heard from you, we have determined that you have abandoned your position.
Excessive absenteeism is defined as two or more occurrences of unexcused absence in a 30-day period and will result in disciplinary action.
How to Terminate an Employee for Excessive AbsenteeismLimit Drama. Best practice tips for reducing the drama surrounding an employee termination include firing an employee at a time the office is not busy.Supplemental Documentation.Safety First.Secure Office.Professional Attitude.
A standardized form for writing up employees for absenteeism ensures that you cover all of your bases and stick to the essential information. Create a form that includes spots for the employee's name, description of the offense, dates of absenteeism and the actions you've taken so far to reduce the absenteeism.
You can send a termination letter to the employee following the termination meeting with return receipt requested, or you can hand the letter to the employee at the end of the meeting. It should be printed on company stationery with the official signature of the employee's manager.