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I was fired for being abscent from work. A month later in a residential alcohol treatment & collectd SDI. am I eligbl 4 UI?

I was fired for being abscent from work. A month later in a residential alcohol treatment for 3 months & collected State Disability Ins. am I eligbl 4 Unemeployment Insurance? What should I say to them?

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Attorney answers (2)

Reputation Level 20
Definitely file for unemployment insurance. If employer does not challenge it, you get it. If employer challenges it, you argue you were fired because of your disability, not absenteeism.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change.

Reputation Level 13
Depends upon whether the employer challenges. If so you will be entitled to a hearing wherein you will assert the medical necessity of the treatment program to treat the effects of your alcoholism/disability. You should apply if you have not already done so.

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