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Fired for attendance - can I still collect UI?

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DH888

Junior Member
What is the name of your state (only U.S. law)? Connecticut

So I was let go recently due to attendance issues. This year, I had several absences due to illness (I provided a doctors note for this), and for bad weather one day. I also missed a day because my son had gotten sick and I didn't have anyone to watch him. Each time I was out, I always called ahead and let them know. I never pulled a 'no show'. As mentioned, when I was out sick for two days, I provided a doctors note. The companies PTO policy is that you're allowed to take up to 40 hours negative of the hours you accrued. I did not go over these 40 negative hours - I was probably around 40 hours, but not over.

The past summer of 2017 my son had gotten sick and I had no one to watch him (I'm a single parent with no relatives that live near me) so I was out for a few days. Around that time they gave me a written warning that said I couldn't be out for 90 days or I would be terminated. I was not absent for more than 90 days since that warning.

This time, I did not get a warning (nor did I sign anything).

Do I still have a chance to get unemployment benefits? It doesn't seem like what I did qualifies as misconduct. During the exit interview, I asked if this would qualify as misconduct and they said no and that I should have no problem receiving benefits but ultimately it's up to the state.

Any advice?
 


Zigner

Senior Member, Non-Attorney
What is the name of your state (only U.S. law)? Connecticut

So I was let go recently due to attendance issues. This year, I had several absences due to illness (I provided a doctors note for this), and for bad weather one day. I also missed a day because my son had gotten sick and I didn't have anyone to watch him. Each time I was out, I always called ahead and let them know. I never pulled a 'no show'. As mentioned, when I was out sick for two days, I provided a doctors note. The companies PTO policy is that you're allowed to take up to 40 hours negative of the hours you accrued. I did not go over these 40 negative hours - I was probably around 40 hours, but not over.

The past summer of 2017 my son had gotten sick and I had no one to watch him (I'm a single parent with no relatives that live near me) so I was out for a few days. Around that time they gave me a written warning that said I couldn't be out for 90 days or I would be terminated. I was not absent for more than 90 days since that warning.

This time, I did not get a warning (nor did I sign anything).

Do I still have a chance to get unemployment benefits? It doesn't seem like what I did qualifies as misconduct. During the exit interview, I asked if this would qualify as misconduct and they said no and that I should have no problem receiving benefits but ultimately it's up to the state.

Any advice?
Apply ASAP. The determination will be made by the state.
 

cbg

I'm a Northern Girl
If you apply, you might or you might not get benefits. If you don't, you definitely won't.

Sounds like a no-brainer to me.
 

HRZ

Senior Member
ANd check CT UC guidelines as to misconduct before you insert foot in mouth ...I may be out of date ..but smart enough to look first ...you look.

Here is bump in road I see...miscounduct is often described in 12 month windows for repeated problems ...but in your example the employer has apparently defined a 90 day window to sanitize your record as to general misconduct ...and you are entitled to the employers own more favorable standard IF that point comes up ..jdouble check.for current rules !

( i happen to know a very large employer that set a 60 day window for rehabilitation of ones record and that bit them hard on discharge for cause if docuemented persistent minor misconduct was spread out more than 60 days ..there may be parallels to your issues. )

BTW if you get into UNNECESSARY details, the folks at UC can turn you down, it need not go to employer to challenge ...stick to the truth but not more than is require.

BUT APPLY.
 

commentator

Senior Member
Of course you will file a claim immediately. But with attendance, it's a straightforward situation. From the sound of this, you were not called in off the floor out of the blue and terminated, right? You were terminated after a final absence, correct?

I am sure they have carefully documented, that you were absent on this, and this and this date. You were warned on this and this and this date. So you had a clear cut specific thing that you were told that if you were absent xx more times, whatever that was, you would be terminated. They've got that clearly spelled out, they've got every call in and every absence fully documented. Its pretty easy to keep up with absences and warnings for absences. They'll have it clearly documented as to whether you have gone over that 40 hours which is in the company policies. You say yourself that you were "close" but probably not over.

Regardless of what they said, the company has put down as your reason for termination "attendance," correct? You say the 90 day warning, in that you were told you would be terminated for any further absence for the next 90 days, had already passed, right? This will be very important.

The whole thing of misconduct is whether or not you were fully aware your absence could result in your termination. That's the first thing.

Absences is one of the very easiest reasons for termination that will stand up against unemployment appeals, because it is so specific and provable and easy to document. If the employer keeps any kind of adequate records, there is not much subjective argument that may be made about whether or not misconduct by absenteeism did occur.

Most places have pretty defined policies about attendance, too. From the sound of this, you did know, had been warned, were aware that another absence would put you in danger of termination. If that 90 day warning period had passed, and you had not reached your general 40 hours negative you still were aware you had some sort of danger of termination due to absences, right? Were you made aware of attendance policies? What specifically was their policy in your understanding? They'll ask you this.

The first question that will be relevant, and the very most important issue related to the approval/denial of your unemployment in this situation will rest not on any previous absences, but on the FINAL absence, the one which caused your termination.

In other words, if you woke up that day (knowing full well that you have attendance issues with your employer, and one more absence might bring about your termination) and just didn't feel like dealing with it all (this is an actual excuse for absence I have heard) or your car wouldn't start, or your dog was vomiting and had to go to the vet, or your son was a little feverish but you didn't need to take him to the doctor, then you will not have so great a chance to be approved for unemployment benefits.

If your final absence, the one that caused you to be terminated was due to your own illness or the illness of an immediate family member like your son WITH A DOCTOR'S STATEMENT, you are very likely to be approved. They will, of course, want to see the doctor's statement. This is about the only time in employment situations where a doctor's statement carries any weight whatsoever. Any and all doctor's statements you provided the employer for previous absences are completely not relevant.

They may also ask you to do an "able and available" statement regarding your present medical condition, to make sure you are now fully able and available and ready to seek work.

It is perfectly legal for the employer to terminate you for being absent, even for one day, even with a doctor's excuse providing the FMLA guidelines are followed. But for unemployment purposes, it is generally considered that you cannot help being ill enough to require a doctor's care. Even if you are one inch from being terminated for absenteeism according to the company's clearly stated warnings and policies, the feeling of unemployment insurance is that one cannot avoid becoming sick and may reasonably have to be absent from work due to illness even when under warnings of impending termination.

So regardless of the reason why you were absent that last time, do go on and file the claim. Then provide the medical documentation if you have it, make the certifications weekly and let them give you a determination of eligibility. If you are determined not eligible to receive benefits, because you did not have a doctor's statement for your final absence, there will still be a chance to appeal, and you can always argue that you didn't know, that the policies were not clear, that you were not going to be subjected to termination according to your understanding, and you might be approved.
 
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