Can You Draw Unemployment if You Were Fired for Missing Work Due to Illness?
Many unemployed workers do not qualify for unemployment benefits, according to Barbara Hagenbaugh of USA Today. Although any termination often disqualifies you from collecting unemployment, this is not always true if you have a good reason you deserve unemployment benefits. Also, you might get lucky and the employer won't contest your unemployment claim.
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Identification
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Unemployment benefits eligibility varies by state. Some states have stricter requirements than others, especially if you violate a workplace policy, such as absenteeism for illness. Others states might be more lenient if you missed work due to illness and went to a doctor. As of 2011, the only federal regulation regarding sick leave is the Family and Medical Leave Act, which covers certain medical situations, such as pregnancy and serious illnesses such as cancer and AIDS. If your employer knows of a covered condition, such as depression, you would qualify for benefits.
Discrimination
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If you have a medical condition covered by the Americans with Disabilities Act and have informed your employer of the condition, you might have a discrimination case, which could lead to the company having to reinstate you. However, if you did not alert the employer to your medical condition -- such as if you just called in to work and claimed general "sickness" -- you lose your ADA rights, according to Joel Stashenko of New York Law Journal.
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Contesting Claim
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Once you file for unemployment benefits, it is up to the employer to contest the claim. If the employer does not respond to the state unemployment agency, you often automatically receive benefits. In addition, in cases of absenteeism, the employer must document the incident, such as a written discipline report, according to Carolyn M. Brown of Inc. Many employers dispute unemployment claims because each case increases the company's unemployment insurance premiums.
Considerations
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If the state unemployment agency denies your application for unemployment benefits, you should file an appeal. You or the employer can appeal the original appeal, too. You may need a lawyer to represent you and build a case for your unemployment benefits and a potential wrongful termination lawsuit. Many states give denied applicants between 10 and 30 days to file an appeal, according to Nolo.
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