Do you qualify for unemployment if you’re fired for attendance?

I have spoken to my direct supervisor about this, I have been sick on and off for the past 4 months. I have called in 3 days this week but for 2 out of the 3, I have a doctor’s note. My direct supervisor said if I do not have a note for the 3rd day, I will be terminated. I did not have a note.

Asked on July 19, 2012 under Employment Labor Law, New York


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If you are fired for excessive absenteeism, chronic lateness, or other attendence problems, your employer would be entitled to consider that you were fired for cause. If fired for cause, you are not eligible for unemployment compensation. Even if you have doctor's notes, the employer could still fire you for cause; the doctor has no authority over the employer and cannot require the employer to excuse your absences or lateness.

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