Q: Hi...I was a No Call-No Show for 2 days for which I had WC appts scheduled 4 hrs later from shift start
The company's No Fault Attendance Policy may terminate me for having 2 No Call-No Shows in a 12 month period. Does WC protect me in any way OR should I have called in to at least let my supervisor or management know my whereabouts each of these 2 occurrences. I did let them know ahead of time about my appointments, but my shift started at 6AM and appointment was not until 10AM...I was told that despite my scheduled appt it is still my responsibility to call in before the shift starts as to whether or not I'm going to be able to come into work...I did not call or show up at my scheduled shift time. I had taken vacation for other scheduled WC appts, but for some reason I did not take these 2 days in question as vacation to ensure I was fully covered per their Attendance Policy. Also, it put me at 10 occurrences which is the maximum allowed on their Attendance Policy. I had a Final Written Warning back in July 2016...I'm thinking I may have goofed up. What say you please for advice?
A:
I'm sorry to have to tell you that your concern is correct. You can be fired for violating company policy, even when you have a workers' comp claim. South Carolina is an "employment at will" state which basically means that, except for illegal discrimination, an employer can fire you for almost any reason, or even for no reason. Other than for retaliation, South Carolina workers' comp law does not provide any additional protection for your job. An employer can not retaliate against you for pursing your rights, but as you describe the situation, it doesn't sound like that is the case.
You may want to consider having representation on your work injury claim. Unfortunately, there is probably nothing anyone can do to get you your job back.
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