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  1. #1
    Join Date
    Oct 2012
    Posts
    1

    Exclamation If You're Fired for a History of Tardiness Can You Get Unemployment

    My question involves unemployment benefits for the state of: California

    I'm afraid I may be terminated for always being late. I have received a verbal which should have just dropped off my record because I believe any warnings/disciplinary action are good for only 6 months. Unfortunately, my poor attendance has flared up again and I fear another verbal is coming since the other one should have dropped off. Or I wouldn't put it past my job to just give me a write up probably with the threat of termination. I understand that this can all show cause and get my unemployment denied (if I were fired). But what if my attendance issues are all due to a medical issue? I have had problems with my sleep as far back as I can remember. Pretty much since childhood. I actually have an appointment scheduled to see a specialist (again) soon. I have tried going to doctors before for this and it just never works out.

  2. #2
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Afraid of Being Fired, What Are My Chances of Unemployment

    You can be fired for this activity and file for unemployment. You have no doctor to back up any medical reason, right?

    Tough situation ... and your personnel file should contain everything ... up to employer to toss off records

  3. #3
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Afraid of Being Fired, What Are My Chances of Unemployment

    First of all, there is nothing in the law that says warnings or disciplinary actions are only valid for six months. That may or may not be company policy/a condition of your union contract, but it isn't the law. So I wouldn't bet the rent (or my employment) on the previous warning "falling off".

    Of course, the best possible action would be to stop being tardy. That being said, nothing in any law, including the ADA, says that the employer has to excuse your being tardy if it is due to a medical condition. IF you have a condition that qualifies for protection under the ADA AND IF your job is one where a flexible schedule would not create an undue hardship for the employer or disaccomodate any other employee, then that would be your next best option. If that doesn't work, then you need to buy a really loud alarm clock because sooner or later, your employer is going to fire you and hire someone who can get to work on time. And if you've been given sufficient warnings, then yes, there is a good chance that unemployment will be denied.

  4. #4
    Join Date
    Dec 2009
    Location
    Lake Chapala
    Posts
    3,043

    Default Re: Afraid of Being Fired, What Are My Chances of Unemployment

    If you have been diagnosed with an actual condition and you have been receiving ongoing medical care and treatment for that condition, then yes, it's possible your employer might have to accommodate your condition. However, if all you've got is an idea you might have a condition and you aren't being treated for said condition ("going to doctors before for this and it just never works out" doesn't count as diagnosis and/or treatment) then you're probably SOL. (As well, the fact that you were able to be punctual for a period of time without medical assistance kind of puts the lie to your thought that your tardiness was due to a medical problem.)

    Regarding UI benefits, I don't know. It depends how vigorously your employer contests your claim, and how much documentation there is regarding your absences. We'd need a crystal ball to predict the outcome of this.

  5. #5
    Join Date
    Feb 2010
    Location
    CT & IL
    Posts
    5,273

    Default Re: Afraid of Being Fired, What Are My Chances of Unemployment

    Also, don't sign ANYTHING if terminated

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