Legal Question in Employment Law in California

I live and work in Southern California. The company I work for a large national retail corporation, which is currently on a points system for our attendance. If we are late to work we get points. If we punch in late from lunch we get points. But the one item that does not seem right to me is that if you have used up all your sick time and you call out sick you get points against you, even if you get a doctors note. After you accumulate a certain amount of points you can be terminated. Is this legal to terminate someone or give points against someone who is legitimately sick whether or not they have available sick time?


Asked on 2/06/13, 10:25 pm

2 Answers from Attorneys

Charles Perry Law Offices of Charles R. Perry

California law does not require an employer to provide sick leave. While San Francisco has a sick leave ordinance, I know of no such ordinance anywhere in southern California.

Your employer's policy may seem unfair, but it does not appear to be illegal. The closest law on point is that an employer must reasonably accommodate a disability. A routine cold or other illness does not qualify as a "disability" that must be accommodated with time off. At-will employees, moreover, can be terminated for any reason that is not considered unlawful discrimination under the law. They also cannot be terminated in retaliation for certain types of conduct. Terminating an employee for excessive absenteeism is not unlawful.

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Answered on 2/07/13, 12:09 am
Terry A. Nelson Nelson & Lawless

Legal?

Of course. It is standard practice at many large companies. Attendance problems are always grounds for termination.

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without �cause�, explanation or notice.

Any employee's goal should be to keep their supervisors happy and make them look good to the company, and make the company money. That�s how the company pays employee wages. If you don't, then don't be surprised to be replaced.

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Answered on 2/07/13, 11:58 am


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