Can I Fire an Employee for Missing Work?

In most instances, excessive absenteeism is a legitimate reason for dismissing an employee. However, following the proper procedures for dismissal reduces the likelihood of the dismissed worker filing a lawsuit against you. In other instances, you have little or no latitude over when or whether a worker reports for work. Consult with an attorney who specializes in employment-related law with specific questions pertaining to your particular circumstances.


Good Cause
Good cause refers to a justified reason for taking a particular action. In relationship to employment, good cause for dismissal includes factors such as dishonesty, gross negligence and inflicting violent aggression against employees. Somewhat less serious offenses, such as excessive absenteeism, also constitute good cause for dismissing an employee. However, excessive absenteeism may be mitigated by factors such as serious illness. In addition, establishing a definite standard for excessive absenteeism and applying the same standard when considering whether to dismiss an employee provides protection against lawsuits for wrongful dismissal.

At-Will Employees
Unlike most industrialized countries, the United States employs workers largely at will. In fact, unless you hire workers under a formal contract, the law presumes workers to be employed under an at-will system, according to Nolo. If you wish to formally establish an at-will relationship with your employees, you may have them sign an at-will agreement upon beginning work, or you may include an at-will employment policy in employee manuals and other official human-resource-related materials. Under a system of at-will employment, you may dismiss employees for missing work or without giving any reason at all.

Union Workers and Contract Employees
Union employees work under contracts that have been negotiated through collective bargaining and which are binding upon you as an employer. Such contracts often establish specific procedures that you must follow concerning working conditions, disciplinary procedures and dismissal. Additionally, if you have established written contracts or implied contracts with particular workers, for instance, through promises that their employment is "safe" as long as they continue working at a satisfactory level, you may have limited latitude in firing them. This does not mean that you cannot dismiss union employees or employees working under a contract, instead, you must establish good cause, in this instance, excessive absenteeism, as justification for your decision of dismissal.

Independent Contractors
If you have workers whose services you have obtained as independent contractors, you have less latitude over their working hours than you would for actual employees. Unless the contract specifically states that they must be present during certain periods, you may have difficulty establishing good cause for terminating the contract for excessive absenteeism. If you attempt to impose too much control over the working hours of an independent contractor, you run the risk of establishing an employer and employee relationship with that contractor. As a result, you would be liable for paying employment taxes, and the contractor could file a petition with the Internal Revenue Service demanding that you pay your share of Social Security and Medicare payments.