Can i get unemployment if i was fired for being absent

What To Do When You are Sick

Absenteeism is one of the main reasons that workers are discharged from their employment. If you are chronically absent from work, there is a good argument that you are not performing your job duties.

Table of Contents Show

What To Do When You are Sick
Other Factors in Qualifying For Benefits
Benefits Will Be Denied If Your Do Not Adhere to Requirements
Free Legal Consultation: Oklahoma Unemployment Lawyer
What disqualifies you from unemployment in Florida?
How do you say you were fired for attendance?
What disqualifies you from unemployment in Illinois?
Can I get unemployment if I was fired for attendance in Indiana?

You are not likely to be fired for being sick, but you are definitely at risk of losing your job if you do not show up for work. Some absenteeism may be allowed and some may amount to misconduct. Dismissal for misconduct means you cannot collect unemployment benefits.

If you can be fired for missing work while you were sick yet still collect unemployment, where is the line?

When you are sick, you don’t want to infect people around you at work and you don’t want your own health to suffer. Yet excessive and chronic absenteeism has been consistently held to be misconduct when the absences are without justifiable cause, timely notification to the employer and without employer permission.

The purpose of unemployment benefits is to take care of a person who is separated from work through no fault of their own. Illness falls into that category. An employer can request a doctor’s note or other substantiating evidence of illness. And if the employer requests it, the employee must provide that.

It has been consistently held that while illness gives an employer the right to terminate employment, it does not constitute misconduct and thus is not a bar to benefits. (Vester v. Board of Review of Oklahoma Employment Sec.Com’n., 697 P2d 533 (Okla. 1985).) In other words, if you are sick and miss work, your boss can fire you, but your boss cannot preclude you from getting benefits as long as you qualify otherwise.

Other Factors in Qualifying For Benefits

In order to qualify for benefits, you need to have worked enough. Oklahoma law states that no one can receive benefits unless, in the preceding year, they have worked and earned wages in an amount equal to at least 10 times the person’s weekly benefit amount in the current year. Okla. Stat. 40 § 2-109.

Oklahoma looks at a one-year base employment period to determine benefit amounts. Oklahoma looks at quarters. The base period is the earliest 4 of the 5 complete calendar quarters before the filing of a benefits claim. In Oklahoma, you must have earned at least $1500 during your base period and you must have earned at least 1.5 times your earnings in the highest quarter of the period you are using. However, if you have made $20,100 or more taxable base period earnings, you will be eligible even if all of your earnings were from one quarter.

You must also be available and able to work. If your illness is such that you cannot return to work or cannot seek work, you will not be eligible for Oklahoma unemployment benefits.

Benefits Will Be Denied If Your Do Not Adhere to Requirements

Benefits were denied in a case in which an employee failed to follow company attendance policy by not calling in his absence. The claimaint also failed to submit a medical statement to support the absence as was required by company policy. His actions were deemed to be in willful disregard of the employer’s interests. (Tynes v. Uniroyal Tire Co. et al., 679 P2d 1310 (Okla. App. 1984);90 AT 4805 BR)

If you have questions concerning your situation, bring them to an experienced Oklahoma unemployment benefits lawyer who can answer your questions and protect your benefits.

Free Legal Consultation: Oklahoma Unemployment Lawyer

To set up your free consultation with the Oklahoma Unemployment Experts attorney’s office, call (918) 923-3776, or click the button below to sign up for a no-obligation Oklahoma unemployment consultation now.

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Attendance

I. DISQUALIFICATION

A. Unexcused Absence

You were discharged from your last job with (Employer Name) because you were absent without permission. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

B. Unexcused Absence and Poor Work Record

You were discharged from your last job with (Employer Name) because you were absent without permission. You had also received warnings for other incidents. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

C. Unexcused Tardiness

You were discharged from your last job with (Employer Name) because you were late for work without permission. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

D. Unexcused Tardiness and Poor Work Record

You were discharged from your last job with (Employer Name) because you were late for work without permission. You had also received warnings for other incidents. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

E. Attendance Problems (Fired for Both Absence and Tardiness)

You were discharged from your last job with (Employer Name) because of attendance problems. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

F. Permission Obtained Under False Reason

You were discharged from your last job with (Employer Name) because you used false reasons to obtain permission for absence from work. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

G. Absence due to Incarceration

You were discharged from your last job with (Employer Name) because you were absent from work while you were incarcerated. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

H. Failure to Provide Verification for Absence

You were discharged from your last job with (Employer Name) because you did not provide verification for your absence as required by the employer. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

I. Falsification of Verification for Absence

You were discharged from your last job with (Employer Name) because you provided falsified documentation for your absence. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

J. Absence and Failure to Notify Employer

You were discharged from your last job with (Employer Name) because you were absent from work without permission and did not properly notify your employer of your absence. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

K. Failure to Properly Notify Employer of Absence

You were discharged from your last job with (Employer Name) because you did not properly notify your employer of your absence. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

L. Failure to Properly Notify Employer of Tardiness

You were discharged from your last job with (Employer Name) because you did not properly notify your employer when you were late for work. After considering the available information, the Department finds that you do not meet the legal requirements for payment of benefits.

II. ELIGIBLE

AA. Absence

You discharged the claimant for being absent from work. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

BB. Absence Due to Incarceration - Innocent - Notified Employer

You discharged the claimant for being absent from work while he/she was incarcerated. It has not been shown that the claimant was guilty of the charges for which he or she was incarcerated, and the claimant notified you of the absence. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

CC. Absence Due to Incarceration - Innocent - Unable to Notify Employer

You discharged the claimant for being absent from work while he/she was incarcerated. It has not been shown that the claimant was guilty of the charges for which he or she was incarcerated, and the claimant was unable to notify you of the absence. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

DD. Tardiness

You discharged the claimant for being late for work. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

EE. Attendance Problems (Absence and Tardiness)

You discharged the claimant for attendance problems. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

FF. Failure to Provide Verification for Absence

You discharged the claimant for not providing you with verification of his or her absence. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

GG. Absence and Failure to Notify Employer

You discharged the claimant for being absent from work and not notifying you of his or her absence. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

HH. Failure to Notify Employer of Absence

You discharged the claimant for not notifying you of his or her absence. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

II. Failure to Notify Employer of Tardiness

You discharged the claimant for not notifying you when he or she was late for work. After considering the available information, the Department finds the reasons for discharge do not meet the definition of misconduct connected with the work.

What disqualifies you from unemployment in Florida?

You are receiving unemployment benefits from another state. You made a false or fraudulent misrepresentation to obtain benefits. You are receiving income, such as retirement pay, or severance pay. You are not monetarily eligible (i.e., you do not have enough wages in the base period).

How do you say you were fired for attendance?

If you were terminated because you had an attendance problem, for example, don't go on and on about your sick grandma, your chiropractor appointments or any other life situation that caused you to miss work. Instead, say something like, “I let personal circumstances interfere with my attendance at work.

What disqualifies you from unemployment in Illinois?

There are several ways you can be disqualified from receiving unemployment benefits in Illinois: You quit your job without good cause. You were fired due to misconduct connected to your work. You did not have a good reason to apply for Illinois unemployment or did not accept a suitable job offered to you.