What can I do if I was terminated for tardies but spoke to my employer beforehand about the circumstances?

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What can I do if I was terminated for tardies but spoke to my employer beforehand about the circumstances?

I was terminated for tardiness. I spoke to my direct supervisor on 2 separate occasions about my circumstances. My boyfriend got mandated overtime for a set time frame during the summer and my daughter had summer school. The time summer school started was also the time i had to be at work. Depending on how traffic was, there would be times i would possibly be late. This was only expected from June 8th-july 21st. I explained this to my direct supervisor. My direct supervisor never said that I couldn’t be late. She explained a positive aspect of working at a small place was they could work with you. I was never written up. I did have a 30 day review that was positive,

Asked on August 24, 2017 under Employment Labor Law, Illinois

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I'm afarid that company policy is merely a guideline, not legally binding. Therefore, an employer can choose to ignore it if it so chosses. That is unless doing so would violate the terms of an employment contract or union agreement. Also, such treatment must not be due to some form of legally actionable discrimination (which you do not indicate to be the case in your situation). Therefore, your termination appears to be legal. The fact is that most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit. This includes terminating an employee for tardiness even if they received previous permission to be late. Accordingly, while you situation is unfair, it is unfortunately legal.

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I'm afarid that company policy is merely a guideline, not legally binding. Therefore, an employer can choose to ignore it if it so chosses. That is unless doing so would violate the terms of an employment contract or union agreement. Also, such treatment must not be due to some form of legally actionable discrimination (which you do not indicate to be the case in your situation). Therefore, your termination appears to be legal. The fact is that most work relationships are "at will". This means that a company can set the conditions of employment much as it sees fit. This includes terminating an employee for tardiness even if they received previous permission to be late. Accordingly, while you situation is unfair, it is unfortunately legal.


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