Q: No call no show rules for Illinois?
My employer is marking days I actually come in to work as 'no call, no shows' because I am more than 2 hours late, even though I am physically present and doing work. This rule also applies when you call in to work, if you call in more than 2 hours late, you are marked as 'no call, no show' even though you have record of you calling.
Is this grounds for firing? Is this legal?
A:
Your question is a little confusing. To me, "no call, no show" implies they are not paying you for the time you are actually working that day. They have to pay you for time you work.
If your question is whether the employer can fire you for being late (even if you call in) and you are an "at will" employee, then yes, you can be fired. Illinois is an "at will" employment state. An at will employee can voluntarily quit his employment at any time, for any reason or no reason at all, with or without notice, and an at will employee can be terminated by the employer at any time, for any reason or no reason at all, with or without notice, as long as the employer does not violate the employee's civil rights in doing so (you can't be fired because of your race, religion, etc.). If they fire you, there may be exceptions to this rule that apply to you. An attorney practicing in the field of employment law can review your situation and advise you on this. If your employer provides an employee handbook or employee manual, bring it and as many paycheck stubs as you can find for the previous year or two to the first appointment with an attorney.
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