Legal Question in Business Law in Illinois

My company is trying to have me sign a write up that says I have violated their attendance policy. The policy states " Occurrence of Absence:

An occurrence of absence is a single day or multiple consecutive days of not adhering to the work schedule. For example, one day of absence is equal to an occurrence and four consecutive days of absences is also equal to one occurrence."

1Three occurrences of

unplanned absences

In a three consecutive month period

First performance counseling

2.Six occurrences of

unplanned absences

In any rolling consecutive 12 months

Second performance counseling

3.Eight occurrences of

unplanned absences

In any rolling consecutive 12 months

Termination

I have only taken off 2/4&2/5 =1occurence, (no call off in march) 4/10, 5/20&5/21= 1 occurence (no call off in june) and 7/18

Legally by their own definition of consecutive i dont feel I have violated their absences policy. Can you please tell me if the definition could be looked at any differently. I quoted out of the employee book word for word and I am in the state of Illinois if that matters. I just do not want to unnecessarily have a bad performance review in my personnel file when I have been careful never to call off three months in a row. Thank you in advance


Asked on 7/29/13, 3:02 pm

1 Answer from Attorneys
Stephen Messutta

The good news is that there is a written policy - a lot of places don't even have this. The bad news is that in their attempt to be clear, they may have confused things. But the bottom line is that you apparently agree that you did NOT call in a few times. The question is what is the "punishment" or "consequence" you face. If it varies with the number of absences, you may need to negotiate the outcome. If you face job loss, it's time to think about an attorney helping you out.....

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Answered on 7/31/13, 10:40 am


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