If my employer is saying that they can’t accommodate my school schedule, could I get unemployment if I got fired for not showing up?

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If my employer is saying that they can’t accommodate my school schedule, could I get unemployment if I got fired for not showing up?

I am pregnant and should be graduating in 2 months and can’t get a new schedule or take classes on-line. I have been at my job for 18 months and have been in school before I started working here.

Asked on December 20, 2011 under Employment Labor Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

No, if you do not show up to work and are fired for absenteeism, that would be considered being fired "for cause"--or least the employer would be free to consider it a for-cause termination. (They are also free to not consider it for cause, if they chose.) Or if you resign to accomodate school, that would be  voluntary separation. In either event, for-cause firing or voluntary resignation, you would not be eligible for unemployment. Employers are not required to accommodate employees' school schedules; therefore, leaving employment due to that will most likely be either a resignation or a for-cause termination (absenteeism).


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