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When can an employee be fired without legal consequence?

Question Details: I have an employee who left work Friday for lunch and then called in saying that they threw up and was shakey and sweaty. I then saw this same employee later that night at a concert acting as if nothing had been wrong. I did not have an direct interaction with them at the show but did clearly see them there. This same employee has had a problem with attendance in the past with showing up late or just not coming in. The business has not had a strict attendance policy but one is going into place this coming week. I would like to know if we have a case for dismissal based on these grounds.

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