TITLE

Reason for Leave of Absence Falsified; Forced Resignation Upheld

AUTHOR(S)
Larkin, John D.
PUB. DATE
December 1972
SOURCE
Labor Law Journal;Dec72, Vol. 23 Issue 12, p776
SOURCE TYPE
Academic Journal
DOC. TYPE
Article
ABSTRACT
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.
ACCESSION #
17495305

 

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