Unemployment Eligibility in PA
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Unemployment Eligibility in PA
I live and work in PA i have worked with this company over 3 years and never had any type of right ups or verbal warnings prior. My mom fell and hurt her back so bad that she is unable to walk or stand due to arthritis and nerve damage. I am not covered under FMLA cause the company is under 50 employees in a 75 mile radius. I am the only person that is able to take care of her. We was having trouble with her insurance company getting a third party company that has caretakers that will care for her while I worked. So I had to take 2 weeks off in order to care for my mother. I had one warning via text message from the boss about the absence. I called and communicated every day about what was going on with everything. He texted me on Thursday an said turn in your keys you are fired. Will I be eligible for unemployment under these circumstances of me caring for my mother in PA?
Asked on August 10, 2019 under Employment Labor Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
As much as we sympathize--I had to take around 4 weeks off from my own law practice to take care of my parents, a few years back--you are not entitled to unemployment because you were fired for unauthorized absences, and absenteeism is grounds for termination "for cause"--i.e. for not getting unemployment benefits. As you write, you were not eligible for FMLA; if not eligible for FMLA and you did not have and use paid time off (PTO) to cover your absence, you have no right in American law to take time against your employer's wishes to care for a relative. Therefore, you were guilty of excessive absenteeism.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.