Can you collect unemployment if you are fired for attendancebut the last time you were out you had a doctor’s note?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can you collect unemployment if you are fired for attendancebut the last time you were out you had a doctor’s note?

I am pregnant and have been ill the whole pregnancy. The 3 time I previously called in I did not have a doctors excuse because I did not feel morning sickness would be worth a medical visit. Now I am on a leave that my doctor has requested I be out for 2 weeks. My employer has denied the medical leave and disability claim. Will I be able to receive unemployment if I get fired because I have a medical doctors note for the last occurrence?

Asked on February 4, 2012 under Employment Labor Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

Unfortunately, a doctor's note is irrelevant in this situation--the doctor does not have authority over the employer, and the employer does not have to follow the doctor's recommendation. If you are absent without employer permission, you may be terminated for unexcused absenteeism, which is grounds for termination for cause; therefore, if the employer chooses to contest your unemployment claim, you could be denied unemployment.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption