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

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 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.


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