Can I collect unemployment if I’m fired for absenteeism due to disability?
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Can I collect unemployment if I’m fired for absenteeism due to disability?
I just started a new job and my depression kicked into overdrive. I ended up at the ER after making an attempt on my life. I explained to my employer that I have this disability and asked for a short leave under ADA. My direct supervisor couldn’t make that decision. She had to wait for her supervisor to come back after a vacation to ask him the next steps. All she said to me was,
Asked on January 31, 2018 under Employment Labor Law, Georgia
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can't be fired for being an alcoholic, but you can be terminated for missing work due to alcoholism or drinking/being drunk at work: that is, you can't be fired for having a condition, but you can be fired for your actions. If fired for, say, absenteesim (since having a medical condition does not allow you to miss work unless you had and used paid time off or were covered by FMLA, which if you just started the job, you would not be), then that is termination "for cause" and you would not be eligible for unemployment compensation.
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