Late To Work? These Excuses Could Get You Fired

According to a survey by CareerBuilder, more than 1 in 4 workers in America arrive late to work at least once a month, with traffic being the most common excuse.

In Alabama, where at-will employment laws give employers significant leeway in termination decisions, that tardiness could cost you more than just a warning—it could cost you your job. Just ask Michelle Edwards, who called in one hour late to work to care for her mother recovering from surgery, only to discover she was already fired for “no call, no show,” as detailed in the lawsuit she filed against her employer, Advanced Temporaries Inc.

Alabama’s competitive job market means employers often have high expectations for punctuality, with many Birmingham and Mobile companies implementing strict attendance policies to maintain operational efficiency. 

Understanding your rights—and responsibilities—regarding workplace tardiness could be the difference between keeping your position and joining the unemployment line.

Can You Legally Be Fired for Being Late in Alabama?

The short answer is yes, you absolutely can. Alabama is an at-will employment state, which means employers can terminate workers for almost any reason or no reason at all, with limited exceptions.

This includes firing you for arriving late to work—even if it’s just once, and even if you’re only a few minutes behind schedule.

Alabama employment law provides employers with significant discretion in setting and enforcing attendance policies. 

Many Alabama businesses explicitly outline in their employee handbooks that tardiness constitutes grounds for termination, particularly in industries like manufacturing, healthcare, and customer service where punctuality directly impacts operations.

However, certain legal protections might apply to your situation, depending on the circumstances behind your tardiness. Understanding these protections is crucial for Alabama workers facing potential termination due to lateness.

Five Laws That Might Protect Alabama Workers Who Are Late

While Alabama employers have considerable authority to fire tardy employees, several federal and state laws provide important exceptions that might protect you in specific situations:

1. Fair Labor Standards Act Protection: If you’re classified as an “exempt” employee, your Alabama employer must generally pay you for a full day even if you arrive late. Docking pay for tardiness could indicate FLSA misclassification.
2. Americans with Disabilities Act Accommodations: Alabama residents with disabilities or chronic medical conditions may qualify for reasonable accommodations, including adjusted start times for medical appointments or condition management.
3. Family and Medical Leave Act Coverage (FMLA): For qualifying employees at larger companies, FMLA provides up to 12 weeks of leave for serious medical conditions affecting you or immediate family members.
4. Domestic Violence Leave Protection: Alabama law protects employees who need time off due to domestic violence situations to seek protection orders, medical attention, or victim services.
5. Legal Proceedings and Subpoena Requirements: Alabama Code § 12-16-8 protects employees who must miss work or arrive late due to jury duty or when subpoenaed to testify in legal proceedings.

Understanding these legal protections can make a significant difference if you’re facing disciplinary action for tardiness in Alabama.

What Excuses Aren’t Legally Protected in Alabama?

Many common excuses for tardiness have no legal protection in Alabama. Here are the most common unprotected excuses that could get you fired:

1. Transportation Issues: Car problems offer no legal protection against termination. If your car breaks down, your employer isn’t obligated to excuse your lateness. Develop backup transportation plans before emergencies occur.
2. Personal Indulgences and “Wine Flu”: Coming in late because you’re hungover offers no legal protection. Alabama employers often track Monday morning attendance patterns to identify potential abuse of attendance policies.
3. School and Family Obligations: There are no specific legal protections for tardiness due to school conferences or childcare issues. Schedule parent-teacher conferences after work hours when possible and arrange reliable childcare.
4. Jury Duty Mismanagement: While Alabama law protects employees for jury duty attendance, this doesn’t cover poor planning. If you receive a summons but fail to notify your employer until the day of service, you could still face disciplinary action.

Being aware of these unprotected excuses can help you make better decisions about attendance and punctuality in Alabama’s at-will employment environment.

Your Responsibilities When Legally Protected Tardiness Occurs

Even when your tardiness falls under legal protection, you still have responsibilities to your employer:

1. Provide Prompt Notification: Alert your employer at the earliest opportunity. For emergencies, call before heading to the doctor if possible, or have a family member call on your behalf.
2. Follow Proper Communication Channels: Review your employer’s handbook for specific notification procedures. Some companies require direct communication with a supervisor, while others use dedicated attendance hotlines.
3. Document All Communications: After notifying your supervisor verbally, follow up with written confirmation via email or text to create a verifiable record of your communication.
4. Obtain Necessary Medical Documentation: For tardiness related to medical conditions, ensure your healthcare provider completes all required forms accurately and completely.
5. Maintain Perfect Punctuality Otherwise: One of the most effective strategies is to maintain impeccable attendance records when not affected by legally protected circumstances.

Following these steps diligently can help protect your employment status even when unavoidable tardiness occurs.

Weather-Related Tardiness in Alabama: Special Considerations

Alabama’s severe weather patterns present unique challenges for workplace punctuality. 

From hurricane season along the Gulf Coast to tornado warnings in central Alabama and winter weather events that can paralyze transportation systems statewide, weather-related tardiness is a recurring concern for Alabama workers.

While no specific law requires employers to excuse weather-related tardiness, many Alabama businesses have established severe-weather policies that provide flexibility during officially declared emergencies or when travel advisories are issued. 

These policies typically specify:

• Communication procedures during weather emergencies;
• Guidelines for remote work when applicable;
• Attendance expectations when official travel advisories are in effect; and
• Documentation requirements for weather-related absences.

Even without formal policies, the legal protection for weather-related tardiness remains limited under Alabama’s at-will employment doctrine. Check your employee handbook for specific guidance on weather-related attendance expectations.

Industry-Specific Tardiness Considerations in Alabama

Different industries across Alabama maintain varying standards for punctuality based on operational requirements. Understanding the expectations in your specific field can help you navigate attendance policies more effectively.

Alabama’s healthcare facilities typically enforce strict punctuality requirements due to the critical nature of patient care and shift handoffs. 

Manufacturing facilities, particularly in Alabama’s growing automotive sector, often implement point-based attendance systems where accumulated tardiness can quickly lead to termination. 

The hospitality and tourism industry in Gulf Shores and Orange Beach may have seasonal attendance policies with stricter requirements during peak tourism periods.

Regardless of your industry, familiarize yourself with your employer’s specific attendance policies and any unique expectations that apply to your role.

Protecting Your Employment Rights in Alabama

If you believe you’ve been wrongfully terminated for tardiness that should have been legally protected, several resources can help you understand and defend your rights.

The Alabama Department of Labor offers guidance on state employment laws and can direct you to appropriate resources for wage violations or discrimination claims. 

For federal protections like ADA or FMLA violations, the regional offices of the Equal Employment Opportunity Commission or Department of Labor can provide assistance.

Alabama’s legal aid organizations, including Legal Services Alabama and the Alabama State Bar Volunteer Lawyers Program, offer support for low-income workers facing employment challenges. Additionally, many Alabama employment attorneys offer free initial consultations to evaluate potential wrongful termination claims.

Documentation becomes particularly crucial in these situations—save all attendance records, communication with supervisors, medical documentation, and any evidence demonstrating that your tardiness qualified for legal protection.

Don’t Risk Your Career: Plan for Punctuality

The most effective strategy for Alabama workers is to prioritize punctuality and avoid situations where tardiness might jeopardize your employment. 

In Alabama’s competitive job market, maintaining a reputation for reliability and professionalism serves your long-term career interests.

Develop contingency plans for common tardiness scenarios, such as:

• Arranging backup childcare for school closures or sick children;
• Identifying alternative transportation options if your primary method fails;
• Building buffer time into your schedule for Alabama’s frequent severe weather events; and
• Coordinating with healthcare providers for appointments outside work hours when possible.

Remember that while legal protections exist for certain situations, proving wrongful termination can be challenging, time-consuming, and financially draining. Prevention through consistent punctuality remains your best protection against termination.

Frequently Asked Questions About Workplace Tardiness in Alabama

Alabama workers often have questions about their rights and responsibilities regarding workplace tardiness. 

Here are answers to some common concerns.

Can My Alabama Employer Fire Me the First Time I’m Late?

Yes. Under Alabama’s at-will employment laws, employers can legally terminate employees for a single instance of tardiness, regardless of the reason, unless the tardiness is protected by specific federal or state laws like FMLA or ADA accommodations.

How Does Alabama’s At-Will Employment Affect Tardiness Policies?

Alabama’s strong at-will employment doctrine gives employers significant discretion in establishing and enforcing attendance policies. Unless a specific law applies to your situation or you have an employment contract stating otherwise, employers can set any reasonable tardiness policy they choose.

Do I Have Different Rights if I Work for the State of Alabama?

State employees in Alabama may have additional protections through the State Personnel Board regulations, which sometimes provide more structured disciplinary procedures than private sector employment. These regulations typically require progressive discipline before termination for attendance issues.

Can My Alabama Employer Dock My Pay if I’m Late?

For hourly employees in Alabama, employers can legally reduce pay for time not worked. For salaried exempt employees, however, federal law generally prohibits reducing pay for partial-day absences, with limited exceptions.

What Documentation Should I Keep if I’m Late for a Protected Reason?

Always maintain copies of medical notes, court documents, police reports, or other evidence demonstrating your tardiness was for a legally protected reason. Also save all written communications with your employer regarding your absence or tardiness.

Take Action to Protect Your Employment Rights Today

Have you experienced termination or discipline for tardiness that should have been legally protected? Are you facing challenging circumstances that might affect your punctuality? Don’t wait until your job is at risk.

Baxley Maniscalco’s experienced Alabama employment attorneys understand the complex intersection of federal protections and Alabama’s at-will employment environment. 

Our team has successfully represented workers throughout Montgomery, Birmingham, Mobile, and across Alabama in cases involving FMLA violations, disability discrimination, and wrongful termination.

Contact our office today for a confidential consultation to discuss your specific situation. Our attorneys can help you understand your rights, communicate effectively with your employer, and develop strategies to protect your career while addressing legitimate needs for accommodation or leave.

Your job security matters—let us help you protect it.