Seven Questions to Ask Before Firing an Employee for Being Late

John Walston
March 18, 2008 | COMMENTS

You have every right to expect employees to be on the job, on time, every day. But it needs to be spelled out to employees.

There should be an attendance policy in every company's HR handbook that emphasizes the importance of good attendance and explains what can happen to those who are frequently late or absent.

Employees who have been terminated for poor attendance have won in court when they are able to show that the policy was unclear and not enforced consistently.

So ask yourself the following:

1. Does your attendance policy explain how absences are to be reported and the penalties for excessive absenteeism? Your policy should distinguish between excused and unexcused absences.
2. Do you follow state and federal law concerning absences for jury duty? It is a violation of federal law and state law to discipline employees who are absent for jury duty.
3. Does your absence policy take into account the provisions of the Family and Medical Leave Act (FMLA)? It is a violation of FMLA to charge a covered employee with unexcused absences while on a leave.
4. Does your absence policy follow the Vietnam Era Veterans' Readjustment Act to accommodate reservists' requests for time off?
5. Does your policy consider religious accommodation requirements before charging employees with unexcused absences? 
6. Does your policy consider the provisions of the Americans with Disabilities Act concerning absences for drug, alcohol or medical treatments?
7. Does your policy explain that unexcused absenteeism has a negative affect on their performance appraisals, promotions and continued employment?

This article appears on John Walston's “No Bull” business blog for executives and managers at and is excerpted from the PBP Executive Report entitled “ Is Your Employee Handbook Legal? 139 Questions You Need to Ask.” Reprinted with permission.