Can u get unemployment if u get fired for attendance

Were you laid off or fired?

There is a difference between being laid off and fired. Generally, we will treat you as:

• Laid off if your employer is not replacing you. You will qualify for unemployment benefits if you meet all of the eligibility criteria.
• Fired if your employment was ended because of performance, behavior or other “just cause” reason. You may qualify for unemployment benefits if you were fired through no fault of your own, such as not having the skills to do the job. Youmay not qualify if you were fired for misconduct or gross misconduct.

Layoff examples

• Your employer has no work available
• Your assignment ended
• Your employer went out of business
• Your position was eliminated
• You're required to participate in temporary classroom apprenticeship training
• You're a seasonal employee and the season ended
• Your employer temporarily shut down for reasons such as weather, materials delay, natural disaster or temporary maintenance closure
• Your employer gave your separation reason as standby
• Your employer said that you were on furlough

Fired for misconduct examples

• Deliberate or wanton disregard for your employer or a fellow employee, such as:
• Insubordination
• Repeated inexcusable tardiness after warnings
• Dishonesty related to your employment
• Repeated and inexcusable absences
• Violating the law or deliberate acts that provoke violence or illegal actions, or violating a collective bargaining agreement
• Violating a company rule
• Deliberately violating or disregarding standards of behavior that your employer has a right to expect.
• Carelessness or negligence that causes, or will likely cause, serious bodily harm to your employer or fellow employees.
• Carelessness or negligence that is so bad or happens so often that it shows an intentional or substantial disregard for your employer.

Gross misconduct examples

• A criminal act in connection with your work for which you have been convicted in a criminal court or have admitted committing. Examples include:
• Embezzlement or theft of property.
• Purposeful destruction of the employer’s property.
• Conduct connected with your work that demonstrates a flagrant and wanton disregard for your employer or a fellow employee. Examples include:
• Installing a secret camera in fitting rooms.
• Stealing a patient’s identification.

Misconduct and gross misconduct penalties

If we determine that you were fired or suspended for misconduct or gross misconduct connected with your work, we will deny your benefits for at least 10 weeks after the week you were fired and until you earn at least 10 times your weekly benefit amount in a job that is covered by unemployment insurance. If we deny your benefits based on gross misconduct, we will also remove wages and hours from your unemployment insurance records. Once the wages and hours are removed, they are no longer available for your use and may cause you to be ineligible for future unemployment benefits.

Unemployment and Attendance: Can I get unemployment if I was fired for attendance?

by | Unemployment

North Carolina Unemployment Attendance Rules

Well, it depends. In North Carolina, attendance issues can be tricky when it comes to qualifying for unemployment benefits. There are several factors involved and the employer is usually well versed in what those factors are. The law has changed drastically recently, modifying those factors as well.

In order to be qualified for benefits when an employee was fired, the employer has to prove to the division of employment security that the employee was fired for misconduct. Generally defined, misconduct is any behavior that the employee exhibits that is considered to be against the employer’s interest. That can be shown by proving the employee acted with willfulness or  negligence to a degree that it exhibits a substantial disregard for the employer’s interest.

For A Free Estate Information Guide

What to look for to determine if attendance problems disqualify you for unemployment

With attendance issues, the division first wants to know if the employer has a written policy. For example: Does the employer have a points system? Does the employer have a written policy that states anything over 6 absences is considered excessive? If the employer has a written policy and the employee violated that policy, then the division will look to some other factors to determine if the absences will be considered misconduct. 1. Did the employee call and notify their employer that they were going to be absent? 2. Did the employee call within a reasonable time? 3. Was the reason for the absence within the employee’s control? 4. Does the employee have documentation of their absence?

Employees who have good cause for missing work and act diligently to inform their employer of their absence can be found qualified for benefits. Therefore, it is extremely important for employees to stay in contact with their direct superiors when they are going to be out. It is also important for employees to document reasons for their absence. If the employee has a cold or flu but doesn’t go to the doctor for it, they should document that in their own records in the event their attendance becomes an issue in the future. If the employee visits the doctor (for themselves or a close family member), they should provide a doctor’s note to their supervisors and keep a copy for their records as well. If the employee has a court date or another mandatory meeting, the employee should also get proper documentation to turn into their supervisor and keep a copy. When the division sees that the employee has documentation of good cause for missing work, they will be more likely to give the employee benefits.