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Calling out sick during your probationary period.

by Anonymous

I am currently in my fourth week of training and the probationary period is for a total of 120 days. Within this period, no one can be late or call out sick, or they will be fired. I woke up in the morning totally sick and not feeling at all able to go into work. I called out sick a few hours before my shift was to start and left a message stating my reason on the sick line. I do not have insurance so I could not go to the Dr. office to try to get a note, although I am not sure if that would help according to the companies sick policy during probation. I have not heard from the job and it is the weekend. I am not sure if they will terminate me this coming Monday and if so, I was wondering if this is considered willful misconduct in the eyes of UI?

Hi Anonymous,

Being sick is usually not considered misconduct as long as you have followed the employer's call-off procedure.

I realize lots of companies have policies that state you can be fired even if you are sick, but it just makes it tougher for them to prove misconduct. A doctor's note is always nice to have, but don't let the lack of one stop you from applying for UI.

You didn't mention what state you were in. Not only can UI statutes vary from state to state, but so can the attitude toward claimants and employers. Some, simply lean more in favor of one side or the other. This is also true for hearing officers and adjudicators.

If the worst happens on Monday .. just file for unemployment.

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