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Is is still considered AWOL even if you notify your employer that you'll be absent?

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honeycured


Arresto Menor
Is it still considered as AWOL even if you informed your immediate supervisor that you will be out? I was absent for 2 days and I did not inform them before my shift starts that I'll be out but still its within the shift... When I came back to work I was already tagged as AWOL and they asked me to write a letter explaining why I shouldn't be given any memo...They tagged me AWOL even though they did not send me a return to work letter? Is this valid? Can I sue them? Do you know any legal definition of AWOL and also court rulings or annotations that I can present to my employer that what they did is wrong?

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council


Reclusion Perpetua
What's the company policy? Please verify first.

If their requirement is that you call BEFORE the shift, then you should do that. Failure on your part will have consequences on HC requirements etc. They did not have enough time to find additional heads to cover for unplanned and unadvised absences.

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attyLLL


moderator
it is not required that there be a return to work order first. just answer in your explanation what happened and provide proof that you informed your supervisor. it will then depend on your existing policy whether you should be disciplined.


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Thote


Arresto Menor
I'm a government employee, A single parent and a widow man...My family was a victim of typhoon last December 17, 2011 including my wife and my 2 kids...Since that date I was not able to overcome all trials in life infact it is hard for me to smile infront of people around me. I'm trying to search this site perhaps it could help and answer my problem..I'm too much concern with my present work,,Last August 29, 2012. I recieved a call from my cousin that my only daughter was rush to hospital due to high grade fever... here comes I report it immediately to my supevisor giving me an assurance that i need to care first my daughter before returning for work...I'm thinking that the assurance given by my supervisor is true. Suddenly I was shock and surprised the rumors that I have a memo saying that I AWOL from work..regarding these matter, in my whole months of September I admit, I didn't returned early for work due to health condition for my daughter...She is twice hospitalized and I was financially drained today...I hope u will review my letter regarding this matter...I hope I recieve a best advice from you Sir that can convince my Managers to allowing and forgiving me chance to stay in the company....I need ur help so badly....Thank you...Godbless

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shad_marasigan


Reclusion Perpetua
Rumors are fatal. What is even more fatal is if you ignore these rumors. Please verify and check if indeed you are AWOL. If the rumor is not true, then ignore. If this is true, talk to your HR manager. She is in a better situation to explain what is happening to your employment status.

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attyLLL


moderator
whether there is a memo or not, you should write a letter to inform them why you you are absent. i hope your supervisor will back up your claim


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Fel Fajardo


Arresto Menor
Hi please help..

I am a shift manager atty. and they tagged me awol for 5 days which is termination. I had an accident (dislocated pattela and torn MCL as per doc) on the day and minutes after my accident my wife called my store manager that she will bring me to the ER then I text my store manager a few days after that I still can't come to work because MRI and doctors diagnosis and fit to work order is till needed and my knees is still swelling my store manager replied that just to go to central office and submit my fit to work once I am ready to go to work. which right now is what I am going to do until I text her again and now she replied that I am 5 days AWOL and the area manager already also gave the papers to HR. I called HR and they told me the store manager and Area Manager needs to talk if they would terminate me and I will call HR tom to know the results because HR told me that they the HR department is not the one who will decide but the store manager and the area manager.

My question Atty. is that legal for them to terminate me considering I informed them which I have a text proof and also I have all medical documents that includes the doctor's order for me to rest for 7 days plus MRI results proving my medical condition why I am absent

Thank you in advance for your help..

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shad_marasigan


Reclusion Perpetua
You can file for illegal dismissal.

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Fel Fajardo


Arresto Menor
Thank you so much po Atty.

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