N.J.A.C. 4A:2-2.3(a)(4) Chronic or excessive absenteeism or lateness Defense Lawyers

N.J.A.C. 4A:2-2.3(a)(4) subjects an employee to discipline for Chronic or excessive absenteeism or lateness. There are a number of defenses here. The first is to determine if any of the absences are excused or should have been excused. While that may not always be a total defense, the defense attorney needs to paint a picture of what is really going on here. There is a big difference between an employee suffering a medical condition and an employee that just doesn’t show up to work. Other defenses include the defense showing that the absences did not require the employer to reschedule employees or pay other employees overtime. Yet another defense is to argue that progressive discipline was not used. If the employee was not counsled or disciplined before for the same thing, this would go a long way to helping the defense achieve a great result for the client.

If you are facing charges of Chronic or excessive absenteeism or lateness call us at 1-855-9-JEFLAW to discuss your case. We have years of experience in helping public employees facing disciplinary proceedings across the state. Our consultations are free.