Employment Law: Failure To Attend Counseling Ruled Grounds For Dismissal
Legal Eagle Eye Newsletter for the Nursing Profession
June 1997
Quick Summary: The employee walked out before his supervisor was finished speaking with him, and was fired, which the court ruled was justified on grounds of willful insubordination.
A hospital security officer was ordered to attend a counseling session with his supervisor. Under the guidelines which had been set out in the employee handbook, an employee’s attendance at such a counseling session was mandatory. Specifically, the supervisor wanted to confront the officer for purchasing a simulated police officer’s badge to wear with his hospital security uniform.
As a general principle, the Commonwealth Court of Pennsylvania ruled an employer has the right to insist on an employee’s presence and continued attendance at a counseling session over issues of legitimate employer concern.
Watkins vs. Unemployment Comp. Bd. of Rev., 689 A. 2d 1019 (Pa. Cmwlth., 1997).