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Absenteeism and unemployment compensation

When a worker is continuously absent from work, it can be a major issue for California employers and other employees. However, it may also become an issue for the absentee worker. If an employer fires an employee for habitual absences, it could end up affecting that employee’s ability to collect unemployment compensation. According to the State of California Employment Development Department, an employee cannot become unemployed due to his or her own actions if he or she wants to claim unemployment benefits.

This is one of the many qualifications a worker must meet to be eligible. Another requirement that could be affected by constant absences is earning enough wages within the base period. If a person is fired, they must conduct a phone interview, along with filing any required documents. The phone interview is when the details of why the person got fired will be discussed. This will help to determine eligibility.

In many cases, the State of California Employment Development Department notes that being fired for excessive absences is considered a willful disregard for the employer’s interests, which makes a person unqualified to claim unemployment benefits. However, there are some cases when being fired for being absent is not considered to be the employee’s fault. An example could be an employee getting fired for not being able to make it back from vacation on time due to weather conditions and the inability to get a flight home. If the employee notifies their employer and makes every attempt to get home on time, then the employee would not likely be held at fault. In addition, if an employee received permission to be absent from work from the employer, the person could then not be considered at fault if he or she was fired due to absences. 

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Law Offices of Mauro Fiore, Jr.

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