Can anybody help me with employment law? ?

Question

I have had alot of time off sick for which I have need hospital treatment on several occasions. Now my employer has called a discipline hearing. My union rep, said they had recently lost several disciplinary hearing for sickness. So i decided to hand in my notice, has my rep said the hearing would be cancelled if I did, and I thought it would look beter if I left, rather than be dismissed. But now my employer say they are still going ahead with the hearing. Does anybody know if I can still be dismissed after I have handed in my notice? Or can anyone give me any advice?

Answer 1

You can be dismissed (in America, anyway) for any cause not in conflict with Titles Seven or Nine of the US Code. You can also quit without any notice unless you have been compensated prior to the actual performance of that work. This capacity for coming and going is called at-will employment, and is applicable to all fifty states.

My advice is to stick it out if you are eligible for unemployment compensation or pension payments. If you quit outright you may lose or delay that eligibility. If you quit outright you should put that down on future applications, not anything the current employer might record later. If you are a slacker, and you'll know if you are, that tendency may in the long run be more damaging to you than anything a single employer may conclude. If your illness is at all work-related, do not quit under any circumstances  -  stay the process, for the sake of any future litigation.

Answer 2

Did you bring in a doctors note? at any time?

Answer 3

this hearing has more to do with the union then it does about you.

excessive absenteeism is grounds for termination with cause with or without union representation. the reasons for absenteeism are unimportant unless they fall under FMLA. as your rep noted the union has lost numerous cases involving absenteeism and the company must stick to their policy and equally enforce it with everyone. there really aren't any options for the employer but to go ahead with this. as far as how it effects you it could help in your ability to qualify for unemployment insurance, assuming you are able to work and are actively seeking employment.

for info concerning FMLA and how it relates to you:

http://www.dol.gov/compliance/laws/comp-...

Answer 4

Well, if  you have already turned in your notice, being dismissed wouldn't really mean much, would it?