Should I file an appeal for unemployment benefits?

UPDATED: Oct 1, 2022

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Should I file an appeal for unemployment benefits?

I was terminated after calling out sick once after working for my employer for
over ten months. I was incredibly nauseous and had to pull my car over to get
sick in a parking lot on the way into work. Prior to that incident, I had received
no written warnings or the 3/6 month performance review mentioned in the
company handbook. There are multiple procedures and guidelines that were
blatantly disregarded by management and I believe that I was unfairly targeted
and terminated by the company. I want to appeal the deputy’s decision to
deny my benefits but I am not sure how to present my argument if I appeal. I
would appreciate any help or advice you can provide. Thank you,

Cora Roset all.

Asked on December 12, 2018 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If your company had policies in place that allowed you to call out sick the way you did--i.e. you followed such policies--that is your argument: that you complied with all policies and so this was neither a breach of policy nor an unexcused absence. They could still terminate you, but it would not be "for cause" and you would be eligible for unemployment.
If there were no policies allowing you to call out sick or there were but you did not follow them, then this would be an unexcused absence and/or violation of company policy and you could be terminated for cause--i.e., no 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 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.

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