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Can I get unemployment for attendance issues? READ

by Michael
(York, PA)

I was recently fired for attendance. I was absent 14 times in under a year and their policy allows 7 in one year. After a year it clears and my year anniversary was bout to come up. More than half of my call offs were after I had a work related injury where I hurt my back lifting.

The injury was documented and the call offs proceeding this were due to the injury being agitated from working. (There were 2 days though that I had mono but thats still medically related.) I initially saw their doctor but the only thing he could do was give me ibuprofen because he diagnosed me with a sprain in my back. So he said it should eventually heal so knowing that I had the doctor discharge me from their services so I didn't have to keep going back for follow ups.

After that I felt like my back never healed properly because it still hurt especially during and after work. It would feel sore and sometimes to the point where I couldnt even get out of bed. (and these days were days I called off) I Saw a chiropractor about a week ago but It didnt seem like it helped yet, maybe because I didn't give time after for my back to set right or something I don't know. But I have a follow up with the chiropractor next friday. I told them this and that I'm doing what I can to take care of my back so the attendance won't be an issue any more but they didn't care because the number 14 still remained and to them as a company it looked bad. I understand where they are coming from obviously because it
wouldn't seem fair to other workers and it would make it seem as though they are aloud to call off that much. But I didn't call off because of being hungover from partying too much like everyone else there. It was due to medical issues relating to my back pain from the work related injury that sprouted it. Would I be eligible for unemployment based on this information? I don't want to be on unemployment but if I can't find a job I have no choice.

Well, you might be able to convince unemployment that you should get unemployment, but I'm a little concerned that you have given the employer a valid argument to dispute your claim by waiting so long to seek additional medical help for a work related back injury that was continuing to cause you problems .. not the least of which was endangering your job by attendance issues.

So then, I would explore what the employer was doing with regard to their own policies regarding attendance.

I also have general concerns about people who are injured on the job anytime, anywhere, and any injury.

You automatically present a potential and huge liability to the employer because of worker's comp, unemployment and a possible lawsuit.

My honest advice to anyone who is injured on the job to buck up and pay for a visit to a lawyer specializing in worker comp claims, to understand your rights so you are aware when "someone" might be acting in their own best interest .. vs. yours, the injured party.

I wish PA had a precedent manual, but I have been unable to locate anything except for this which you can search .. it's just not that easy to find what you want.

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