Reason for Leave of Absence Falsified; Forced Resignation Upheld

Larkin, John D.
December 1972
Labor Law Journal;Dec72, Vol. 23 Issue 12, p776
Academic Journal
This article reports on the court decision on a labor dispute involving employee's falsification of her reason for leave of absence. A female employee with a poor attendance record was granted a personal leave of absence so that she could travel out of state to help her mother care for her sick father. Soon afterwards, however, the company accidentally discovered that the employee did not leave the state to fulfill her stated obligations. Since the parties' agreement provided that an employee who falsifies the reasons for a leave of absence request will be considered to have voluntarily resigned, the woman was advised of the action to be taken and, consequently, she signed a resignation form. The union, contended that the woman had not resigned, but had been improperly discharged. It argued that the company dealt unfairly with the employee by calling her mother and discovering that she had not made the intended trip. The union also pointed out that the employee was without funds and that she had signed the resignation form to get her final paycheck. But the union's contentions were dismissed, and it was held that the woman had resigned in accordance with the parties' agreement. She had deliberately given a false reason for her leave, and the course of action taken by the company was upheld.


Related Articles

  • U.S. brokerages eye U.K.-style 'garden leave' for defectors. Roberts, Sally; Zolkos, Rodd // Business Insurance;7/21/2008, Vol. 42 Issue 29, p23 

    The article reports on the plan of insurance brokers in the U.S. to extend the notice period required of key employees before leaving the firm from the standard two weeks to 30, 60 or even 90 days of paid leave. In theory, such "garden leave" gives the incumbent firm time to solidify...

  • Are female managers quitters? The relationships of gender, promotions, and family leaves of absence to voluntary turnover. Lyness, Karen S.; Judiesch, Michael K.; Lyness, K S; Judiesch, M K // Journal of Applied Psychology;Dec2001, Vol. 86 Issue 6, p1167 

    This study examined the relationships of gender, promotions, and leaves of absence to voluntary turnover for 26,359 managers in a financial services organization. Using Cox regression analyses and controlling for human capital, the authors found that, contrary to their prediction, female...

  • FMLA Retaliation Claims Rise. Smith, Allen // HR Magazine;Feb2010, Vol. 55 Issue 2, p16 

    The article focuses on the rise of retaliation claims under the Family and Medical Leave Act (FMLA) in the U.S.

  • How to: resign with dignity.  // Caterer & Hotelkeeper;7/30/2010, Vol. 200 Issue 4638, p38 

    The article offers suggestions on how to resign from a job with dignity.

  • TEN WAYS TO... SAY GOODBYE GRACEFULLY.  // Management Today;May2012, p14 

    A list is presented of the top ten ways to skillfully resign from a job, including speaking with the boss, communication and preparation, and refraining from rants in letters.

  • LACK OF OPPORTUNITY CREATES TURNOVER.  // USA Today Magazine;May2000, Vol. 128 Issue 2660, p8 

    Discusses the reasons why most good employees quit their jobs.

  • Why behind turnover. Dreyer, R.S. // Supervision;Nov94, Vol. 55 Issue 11, p19 

    Discusses the reasons behind voluntary resignations of valued employees. Level of group morale; Boredom; Degree of participation in programs.

  • A new method for estimating job separations by sex and race. Haber, Sheldon E.; Lamas, Enrique J.; Green, Gordon // Monthly Labor Review;Jun83, Vol. 106 Issue 6, p20 

    Proposes a method for estimating job separations by sex and race in the United States, using data from the Current Population Survey. Characteristics of workers likely to leave their jobs; Influence of wage factors on job turnover; Employer attachment over time; Components of the separation rate.

  • Ease of movement. Brown, Monique R.; Hayes, Cassandra // Black Enterprise;Dec97, Vol. 28 Issue 5, p59 

    Presents facts about voluntary employee turnover rate in the United States in 1997. Figures on the percentage of voluntary employee turnover; Turnover rates of industries.


Read the Article


Sorry, but this item is not currently available from your library.

Try another library?
Sign out of this library

Other Topics