[Modernman]

(4) The defendant must not be able to offer an overriding justification for the dismissal (the absence of justification element). Perritt § 3.21. See also Collins v. Rizkana, 73 Ohio St.3d 65, 69-70, 652 N.E.2d 653 (1995) (adopting Perritt's four element test).

Even if there is some sort of public policy at work here, it is overidden by the fact that the defendant could easily offer an overriding justification for the dismissal: Absences from work without the employer's permission create a burden on that employer.

[spunkets]

"Absences from work without the employer's permission create a burden on that employer."

The burden exists regardless of permission. The relevant question is whether, or not the burden is persistant and regular. Now there's the FLA to consider.