If you were absent on several occasions due to illness, reported each occurrence as per company policy, and even have documented proof as to dates, times, and reasons for each occurrence, should you still be denied unemployment benefits?
Employment / Labor Attorney
No, that is not willful misconduct. It is not an intentional violation of the Employer's interests to have health problems. Now if your health problem was very slight, that might give an unemployment referee pause. More facts are necessary.
2 lawyers agree
Workers' Compensation Lawyer
Your employer has the right to discharge you for violation of its attendance policy. it is very difficult for employers to prove that poor attendance rises to the level of wilful misconduct. if your employer is challenging your entitlent and a hearing has been scheduled, hiring a lawyer would be a good idea.
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Your absences might have triggered rights under the FMLA if you were an eligible employee. I suggest you consult with a plaintiff's employment lawyer before you send in your appeal. There are very strict time limits to appeal the determination so make sure you do not miss deadlines.