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Can I collect unemployment if I've been fired for too many absences due to illness?

I was a federal VA Hospital employee (new probationary employee who was boarded). My manager didn't like me and threatened to fire me after I expressed some concerns and wrote a letter about his poor management skills. Immediately, he started treating me differently than the other staff displaying his lack of regard toward me. I exhausted all my sick leave while I was under a doctor's care. When sick leave is exhausted an employee develops absence with out leave (AWOL) on their record. I received AWOL's for every day I was under the doctor's care, even though I kept in constant communication with my nurse manager and presented all my doctor's notes I was still fired. Actually, my manager failed to turn in my notes to HR in an attempt to make it seem like I never presented all the notes, however I had copies of each note and fax confirmation. The VA extends help to individuals who have exhausted sick leave and they can help you to eliminate AWOL's off your record. They've helped many employees probationary or not, but my manager chose not to give me this information or extend options to help because he didn't like me. He told the board he didn't want me on his unit and took advantage of the opportunity to get me fired instead of help the situation. I believe I was discharged due to personal not professional reasons.



Hi Anonymous,

Doctor notes .. especially with successful fax transmittals I think would spell doom for any attempt by the employer to prove "good cause" existed.

I think your chances are very good, but because you were a probationary employee .. you've raised a question for me about your previous employment and whether you may have a problem with "monetary requirements".

There are two basic decisions for unemployment benefits .. first monetary and then nonmonetary.



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Monetary Requirements
by: Anonymous

My state-CA-uses the same base-period method. I made most of my income in the last quarter of Oct/Nov/Dec '08. I was a student prior to Aug '08, so no income prior to that. Will I still be eligible to receive unemployment if I had no income prior to Aug '08? Also, a union rep was surprised when I told her I would file for unemployment, she said, "I didn't know you could receive UI if you're a VA employee," is that true? Because EDD sent me an interview appt., I'm sure EDD wouldn't have set up an interview if I couldn't receive UI due to working for the VA, what is your opinion about that comment? The reason I ask is because the union rep has worked there for a long time, rhetorically asking why wouldn't she know that?



Hmmm, interesting .. You aren't a student worker .. are you? USDOL. (opens in new window)

The monetary requirement for California can be found in Table 3-3 under "Monetary Entitlement"

Not all, but most states require wages in at least two quarters. Not sure how much you were making, but I think you should eligible for something. You might notice that if you waited until after July 1 to file .. you would probably be entitled to a higher WBA because you would have two FULL quarters of wages in your base.


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Monetary Requirements
by: Anonymous

No. I started my last job in 8/08 and ended in 6/09. By the way, thanks for the feedback. I've been feeling really horrible about all this, even though I should feel blessed for no longer having to deal with all the stress and harassment coming from my managers. It's nice to know that there are people in this world, like those who are supporting this site and providing much-needed feedback, who will take the time and assist others. Thank you.


Thank .. I wish there were more of "me" to give answers:)

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Monetary Requirements
by: Anonymous

I worked there for approximately 10 months.


Anonymous,

I just noticed you didn't tell me what state you're in, but most states have a base period of the first four of the last five completed quarters .. which means that for most people filing between 4-1-09 and 6-30-09 have a base period of 1-1-08 through 12-31-08. For those filing after 7-1 the base period becomes 4-1-08 through 3-31-09.

Did you have other employment prior to this one?

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