Is it legal if I was fired from my job when I phoned in to call off2 hours into my shift?

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Is it legal if I was fired from my job when I phoned in to call off2 hours into my shift?

I was fired from my job over the phone. I had every intention of calling off an hour before my shift due to illness but I had fallen asleep from being up ill all night. I was given a write up that I had signed the week before for calling off and tardiness and it said the next form of action was to be written up again. They said that they were treating it as a no call no show and I was terminated. How is this possible when I was on the phone with them? Can I legally be fired like this?

Asked on February 24, 2012 under Employment Labor Law, Pennsylvania

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

Yes, you may be fired for this. The law does not make employers retain and employ people  who miss work, unless--

1) The absence wss approved or authorized by the employer (such as by complying with a call in policy the employer voluntarily put in place); or

2) The employee had and properly used some form of paid time off (PTO) he or she had earned, like sick days, to cover the absence.

Otherwise, if you miss work, you may be fired. You write that  you did not show up for work, and did not call in in advance--instead, you called in two hours into the shift. That would be considered a non  call/no show.


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