I was recently let go from my job at a casino and I’m trying to figure out if there’s anything I can do to challenge it.
The casino has a ‘no-fault’ policy for calling out sick. Basically, you get a set number of points, and if you reach the max, you’re terminated. I had 3 points before I got COVID, and I let my boss know as soon as I found out. I also tried to call HR multiple times to report my situation, but they never answered. My manager told me to keep leaving voicemails each day I was out and assured me not to worry about the points stacking up.
After five days, I was ready to come back, but I got a call saying I was terminated for exceeding my allowed points. I feel this is totally unfair since I had a doctor’s note for COVID, my manager told me not to worry about it, and HR didn’t respond. Can they really fire me under these circumstances?
From what you’ve shared, it doesn’t seem illegal. You’re probably eligible for unemployment, though. Is this casino run directly by a tribal organization or an outside company? If it’s tribal, there might be a specific board or committee you could appeal to.
I work at a tribal casino in California too. When it comes to these casinos, state laws usually don’t apply because they follow tribal policies. We have a similar system here with points for calling out. After a certain number of days, the points can stack up. But sometimes, if you check in with HR as soon as you return, they might adjust the points. Without a detailed document on their policy, though, there’s probably not much you can do.
From what you’ve written, it doesn’t look like they broke any laws. You went over the allowed points, and that’s why you were terminated based on their policy.
Harley said:
From what you’ve written, it doesn’t look like they broke any laws. You went over the allowed points, and that’s why you were terminated based on their policy.
It seems like the point of calling HR was to get some points waived since you were sick with a doctor’s note. If that’s the case, they shouldn’t have penalized you for legitimate sick leave, right?
A doctor’s note doesn’t automatically protect your job. If you used up your sick leave, they can terminate you for attendance. Go ahead and file for unemployment, and if they deny it, appeal!