I worked for company for 2.5 years. About 1.5 years ago I had to take a personal leave of absence. Just recently I had to take another leave of absence for a family emergency. I was told I could go & I have the email to prove so. I was to return on 5/10/2012. I couldn't board my flight home because I had to be taken to the airport for the second leg of my flight due to issues beyond my control. I was unable to pay the $505 the airline demanded for me to board the flight even though I called and made them aware of the situation. On 5/9 I informed my employer. I was told if I didn't show up 5/10 I was abandoning my position. I informed them there was no way for me to make it to work but I'd return as soon as I could purchase a flight. I got no response and was terminated. I have all emails.
Administrative Law Lawyer
You are being very opaque about the circumstances that underlie all of this. For some mysterious reason you could not meet the defined boundaries of your approved absence. You would like an opinion from an attorney here as to whether that fact will matter in a determination of your eligibility for unemployment benefits. But, of course, it is the "mysterious reason" for your AWOL that makes the difference in answering your question. You couldn't get back as agreed because you were on a hot streak at the gambling table? Or ??? It makes a difference as to "why."
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In Oregon, generally you are eligible for unemployment so long as you did not voluntarily quit or were not terminated for misconduct. Whether you are eligible will depend upon whether the employment division finds that your failure to return to work on the date requested by the employer was misconduct. If you have a legitimate explanation for your inability to return to work, the employment division may find that although you were terminated, it was not for misconduct. The only way to know is to apply and if the employer disputes it, participate in a hearing.
Employment / Labor Attorney
I echo the answer given by Shelley Russell, with the additional observation that the issue might be cast as whether you quit voluntarily without good cause because your former employer has stated that it would treat your failure to show up for work as abandonment of your position. If that is the basis for denial of benefits at the Administrative Decision stage, one critical consequence at the hearing stage will be that you will carry the burden of proof to show that your supposed "abandonment" was not voluntary. If you are denied benefits due to alleged misconduct connected with work, the employer will have the burden of proving that you violated the standards of behavior an employer has a right to expect and that you did so willfully or through gross negligence. In either event, I would not expect an adverse ruling if the circumstances were truly beyond your control.