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jessikarabbit11
Dec 8, 2008, 12:42 PM
In the state of arizona.... Is it legal for an employer to ask you to sign a document saying that you will never call in sick again or it is automatic termination or the other option is to resign from the company with pension? I know arizona is a right to work state but is this legal???:confused:

ScottGem
Dec 8, 2008, 12:49 PM
Well that depends. Is there a stated company policy for sick time that this agreement would violate?

Can you give us more background about why you are being asked to sign such a document?

jessikarabbit11
Dec 8, 2008, 12:53 PM
My boyfriend was hurt in an accident which he was unable to perform his job duties... and was in the process of claiming short term disability, when he returned to work he was told that he was to sign something saying that he would not call in and sign something saying that if he did he would be terminated on the spot... but if he doesn't sign he resigns with pension... or they fire him?

ScottGem
Dec 8, 2008, 01:02 PM
Was he injured on the job? Does the company have a short term disability policy.

With the additional info, this sounds fishier and fishier. I would not sign, but consult an attorney.

jessikarabbit11
Dec 8, 2008, 01:05 PM
He was not injured on the job, it was a car accident out side of work, the company does not provide short term disability but he has a separate policy through work though.

ScottGem
Dec 8, 2008, 01:09 PM
Again, does the company have a policy on sick days? Was this policy offered through the company?

No company can force an aemployee to sign away rights they have given as part of the employment package. That would be illegal.

jessikarabbit11
Dec 8, 2008, 01:13 PM
As far as I know they offer 5 sick days a year which he has already used he has been out of work for 2 weeks now so those are obviously used up, and I am pretty sure that it does not state that once they are used that you can be terminated? I hope that answered your question.

ScottGem
Dec 8, 2008, 01:16 PM
Generally, if a employee uses up their sick days then the next step is to take vacation or a short term disability. For an employer to try and force an agreement as you describe does not sound legal.

jessikarabbit11
Dec 8, 2008, 01:17 PM
Thanks for your help! :)