If an employee fails to come to work – and doesn’t call – then they’re going to lose their job. That’s clear cut. But what happens if they reappear and claim they’ve been fired unlawfully? What do you do then?

As an experienced staffing agency, we know it’s certainly a tricky situation and one that needs to be evaluated on a case-by-case basis. For instance, if the employee had a good reason for not calling – for example, a spouse or child died – then reinstate them.

If it’s not as straightforward as that and you’re not sure, consider their track record. In other words, have they been a solid, dependable worker during their time with you? Or have you had issues with attendance or performance with them in the past? This can help you make a sound decision.

In the future, make sure you have a policy in place to handle these kinds of issues. In it, it should state that if an employee doesn’t show up to work and doesn’t call for three days in a row, then it will be considered a resignation. It’s important to differentiate between resignation and a termination since they could be eligible for unemployment with the latter.

When creating your policy, also make sure you:

Address how to request time off, how to call in properly and guidelines for missing work.

Be sure to include clear examples. For instance, state that an employee has to call in by phone and not send a text message to their manager, which can get easily deleted.

Have your lawyer review it.

Before putting your policy into effect, ask your attorney to review it to ensure it’s in compliance with current employment laws on both a federal level and a state-wide one.

Host an orientation.

Check for understanding with employees. To do so, host an orientation where you go through and explain the policy, as well as the reasoning behind it, and also give your people the chance to ask questions about it.

Have employees sign a waiver.

This basically communicates that they’ve read and understand the policy. It also gives you the necessary documentation should you need to hold them accountable.

Enforce th e policy.

Once your policy is in place, make sure you enforce it consistently. For instance, if you give out a written warning in the first instance, then do the same for all your workers.

Need more help with these and other staffing-related issues?

Connect with Murray Resources. As a staffing agency with more than 30 years of experience, we can help you identify your human resource needs, locate top talent, and maximize employee productivity. Contact us today to learn more or get started.