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Can You Get Unemployment if Fired for Absenteeism

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  • 02-22-2015, 01:39 PM
    jon84dwk
    Can You Get Unemployment if Fired for Absenteeism
    My question involves labor and employment law for the state of: New Jersey

    Hello,

    Perhaps this may be the most repeated question yet i want to be sure before i do anything stupid. I am currently a student and working part-time. The company where i work is not willing to offer me any package or provide me with any educational leave. The company has strict attendance policy and if after certain absence occurrence, i may get terminated from job. As of right now i am in good shape but college is my priority and i cannot stretch myself working and going to college full-time. May i know if i keep calling out and if the employer terminates me, am i going to be eligible for any unemployment ?
  • 02-22-2015, 01:51 PM
    cbg
    Re: Unemployment if Terminated
    Probably not. If you know that your employment is in jeopardy if you keep calling out, and you keep calling out and get fired, that's generally a good basis for unemployment to be denied.

    FYI, it is rare in the extreme for an employer to offer severance packages under any circumstances except involuntary layoffs for lack of work/company closing. It is not offered to part time employees who are having a hard time getting to work because of school. Don't think that's meant nastily - it's not. It's simply that your circumstances are not among those for which severance is traditionally offered. Likewise, educational leave is generally only offered when you are going to school to gain skills for the benefit of the employer AND have an agreement with them that you will stay with them for x amount of time after you graduate.

    In other words, while I do not disapprove your making college your priority, if you want to keep your job you probably need to start thinking about your choices.
  • 02-22-2015, 03:50 PM
    jon84dwk
    Re: Unemployment if Terminated
    Sir your reply is bang on the money. This is exactly what company is expecting out of me. They want to give severance package but on an agreement that i come back to them and bring my expertise. I have worked 8 yrs in the company but i feel that my education would be biggest assets that i would carry after graduation (not overconfident but i know where i am heading). I would rather keep my choices open instead of binding myself to cheap severance package. Appreciate your reply !
  • 02-22-2015, 04:06 PM
    comment/ator
    Re: Unemployment if Terminated
    Unemployment is not for someone who is not able and available to work. If your situation is such that you choose to keep calling in and they terminate you, it's not a big deal to apply for unemployment, I'd definitely apply and get this straight from the source. But I wouldn't expect approval, for several reasons. First of all, you're not able, available and actively seeking other work or in an approved training program. For another, you are not out of work through no fault of your own. You elected to miss work to accommodate your school work. That was a personal choice, not a no fault decision by the employer to cut your hours or lay you off due to lack of work.
  • 02-22-2015, 04:07 PM
    cbg
    Re: Unemployment if Terminated
    Just so it's clear, under the law you are entitled to neither severance nor educational leave. These are things that the employer may choose to offer but they have no legal obligation whatsoever to offer. There is no law that will compel them to do so, and no action you can take that will make it mandatory that they do. It is 100% at their opt. And under the circumstances you have described, it would be unusual in the extreme for them to offer either.

    And of those of my employees whose unemployment claims have been denied, the most common reason has been poor attendance.

    And I'm a ma'am. Not that it really matters, but just for accuracy's sake.
  • 02-22-2015, 04:28 PM
    jon84dwk
    Re: Unemployment if Terminated
    My bad ! (Ma'am). Now that i have prepared myself to resign instead of getting terminated. Is there any law (NJ) that states that if floating holidays unused or denied due to staffing needs....needs to be paid or is it something like use it or loose it ? I would appreciate your reply
  • 02-22-2015, 04:33 PM
    cbg
    Re: Unemployment if Terminated
    No, New Jersey has no such law. Some states do, at least for vacation days. NJ is not one of them.
  • 02-22-2015, 04:38 PM
    jon84dwk
    Re: Unemployment if Terminated
    Okay with my last reply to this forum i want to thank everyone who guided me properly to make a right decision (typing love letter (i.e. 2 weeks notice) to my boss which i will hand in tomorrow). With my resignation i will have several questions such as no health insurance, 401 k, vacation pay, etc, etc which might be answered by my boss and if i feel they try to play me out one way or another i will be back to this forum.
  • 03-18-2015, 02:37 PM
    Punkroku
    Re: Unemployment if Terminated
    How did it turn out? In california Unemployment is severance pay and its just renamed to act like its a government program. I dont qualify for unemployment because I've been unemployed for too long. Also when I did qualify I never got a disbursement due to already being homeless without a mailing address. Now I am mad because I am not counted in the low unemployment rate of 10% or so. I have a feeling its closer to 20 than to 10.
  • 03-18-2015, 04:58 PM
    cbg
    Re: Unemployment if Terminated
    In california Unemployment is severance pay and its just renamed to act like its a government program.

    That is complete and utter balderdash.
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