I have an employee who thus far has been sick and or called in 12 times this year. today he did not bother showing up for his shift, we called him and he stated he thought he worked nights, even though the schedule has been posted for over a week.Last year he had 15 days as well.

You have two options. You can immediately terminate the employee on a without cause basis, and provide him with the appropriate notice of termination (for which I would recommend you seek legal advice). Alternatively, you can start building a case against the employee for cause, which would ultimately allow you to terminate him without any notice. However, either way, I strongly recommend that you speak to an employment lawyer at the number below.