Are my chances of receiving unemployment benefits good?
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Are my chances of receiving unemployment benefits good?
I was recently let go from a job for attendance issues. I had 0 no call no shows. The employee handbook is extremely vague as far as disciplinary actions. I was never given a warning, written or verbal, prior to termination. I did not abuse the sick leave policy. The
absences unfortunately happened to occur about a month apart totaling 5 days which was the amount allowed unpaid until you had to use vacation time. I had only been there 54 days as a full-time employee but the absences were unavoidable. I meet all the other
criteria to be able to receive unemployment in Iowa. Is it foreseeable that I will receive
unemployment benefits due to lack of warning before termination and the fact that I did not abuse the sick day policy…I just had an extremely unfortunate month.
Asked on October 24, 2016 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
It depends on whether your employer contests it. The law does not require progressie discipline or warnings before a termination for absences is considered "termination for cause"--an employer can consider termination for this reason to be "for cause" (and hence, no unemployment benefits) without any warning and for even a single occurence. It does not matter that the absences were, you believe, unavoidable: the law also does not give employees a pass or waiver for missing work for important reasons, and regardless of why you missed work, it can be considered a termination for cause. Therefore, it you employer constests or challenges your benefits on this basis, it is very likely they will be denied.
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