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Can I get unemployment if I have been fired for Absences even though I had a doctors note

by Lisa

(Fort Myers, FL)

I have been written up in the past for missing days because my daughter has asthma and I am a single mother with no one to help care for her and take her to her appointments or emergency room. I was told on April 29, 2009 that if I called out any more or if I didn’t come to work with a doctors note that I would be terminated. In May 2009 I found out that I had a Pilondial Cyst on my cleft (butt crack sorry) and they had to do a minor same day surgery in the emergency room to cut the cyst open and of course I have a sit down job so there was no way I could return to work. I was out of work for a total of 6 days and when I returned my manager and the HR department told me as long as I had a doctors note that I would be OK. Well needless to say the same cyst returned on July 6th 2009 and I had to miss work for 4 days although my doctor said I needed more time I still went back because I did not want to miss much work. I let my employer know and kept up communication and also told them that I will be having surgery sometime this month. I believe they may have fired me because they don’t want to pay me while I was out on surgery recovering. Anyway When I returned to work on July 13th they gave me some papers and terminated me. I was so distraught because not only was I in pain, but they told me even with my doctors note that didn’t mean anything. I filed for unemployment the same day and if they deny me will my doctors note help me with an appeal? I live in Florida. Thanks so much in advance

Yes it will Lisa.

But I still have some questions. Were you on FMLA? Were you ever told about FMLA? Does this employer have at least 50 fulltime employees?


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