Unemployment....

Hello,

Quick question here about unemployment - specifically in N. Carolina.

I’d already filed for and been approved for unemployment coverage a couple months
back. As of the last time I checked a few minutes ago, I’m still good to go and, it seems, I can just go ahead and begin claiming my coverage.

Since I originally filed, I started a new job and never actually began collecting.

However, I now find that I’m in danger of possibly being fired due to absence. Basically, for the first couple months you’re there, you are only allowed to miss a total of 2 days work - for any reason, emergency or otherwise. If you miss any more work, for any reason at all, they terminate you. Due to sickness, I’ve had to miss two days and so am “right there” in terms of being fired if something else should come up. I can say “nothing will”, but that’s unrealistic. I can’t predict what might or might not happen.

This has me frightened a bit. Because, even though I was eligible for unemployment before and literally only had to start calling in to receive the checks, I’m afraid I might not be eligible anymore if I am, in fact, let go.

I’ve tried looking up the laws for NC, but have found nothing sufficiently descriptive in this area. What I’m not sure of is if the rules for unemployment eligibility are “black and white”. It says you must not be unemployed through any fault of your own. Well, if you’re fired, how could it not be your own fault? That’s what’s confusing me - unless that means it’s purely circumstantial. I mean, would my absences due to illness really disqualify me?

If any one can help out in this matter I’d appreciate it…

Thanks…

In most states, an absenteeism discharge won’t disqualify you from receiving unemployment if you have a “compelling reason” for the absences. So if you were sick and have a doctor’s note to prove it, you are usually ok, assuming there’s nothing else that will disqualify you or make you ineligible.

But you really need to check how things are done in NC. Call around to legal aid, legal services, the county bar, etc. and try to speak to an attorney or someone who regularly deals with unemployment insurance issues there.

Hmm… well the doctor’s note part would be no-go, especially since I was uninsured at the time of sickness and couldn’t afford a doctor’s visit anyway. The company doesn’t even request nor want one when you’re out; they don’t care why you’re out - they still mark it against you. So, hopefully that won’t disqualify me.

The problem is that people lie to the department of labor all the time so if you want to be believed it’s always best to have documentation backing you up.

But like I said, you need to learn how things are done in North Carolina.

“Through no fault of your own” is kind of vague- it could mean simply that you didn’t quit and weren’t fired for misconduct. Misconduct may not include being absent- in New York, it doesn’t even include incompetence. Give the agency involved a call and see if you can get clarification.

Do they fire you or lay you off? It is hard to beleive they fire “for cause” you for what you describe.

If my company had that policy I’d show up unless I was in the ER with tubes in my arms. Or I’d tell them to “get stuffed” to start, more likely.

Well, the way they see it, the first 2 months are a training period, so they expect that you’ll be there every single day and that if you miss too many days (more than 2), then you’ll have missed too much of the training, so they terminate you. Apparently the threshold increases once you’re out of training. So it’s not any one person’s judgment or decision. If you’re out for any reason, it’s in a computer somewhere, and the computer tallies up the total time missed, and then issues the termination request once you pass that threshold. It’s a very cold and impersonal way of doing it, but it’s their way of doing it so, what can ya do.

That’s why I’m wondering if something like that really could be enough to disqualify you from collecting. Like I said… who can help if they get sick, or an emergency comes up… anything at all?

So I found this link with some information and, if I read it right and assuming it’s thorough, it looks as though the reasons for being fired for misconduct are very specific…

http://www.dol.gov/asp/programs/drugs/said/StateLaw.asp?id=740

In that case, I don’t think absenteeism would be prohibitive to it. Can someone with some knowledge of law or legalese provide some further insight, perhaps?

Thanks again…