Denied benefits due to absenteeism
So my denial letter said they denied me unemployment because I was “discharged for absenteeism”. I missed a lot of days for health issues and the last day I missed was for my aunt dying. The next day I came back they told me I could resign or be terminated so I resigned due to health and family issues. My manager and the lady from Human Resources told me to write out and sign the paper saying I resigned due to health and/or family issues. Now I did miss a lot of days for my health issues but I have all the doctors notes from where I missed. They wrote me up 2 weeks before for missing days and on 4/15 my aunt died so I missed that Monday. Tuesday 4/16 is when they gave me the option of resigning or being terminated. I resigned due to health and family issues. So on my unemployment denial they said I couldn’t get it because I was discharged for absenteeism. Now since i resigned for health and family issues do you think I have any appeal case? In the appeal should I say I resigned due to good cause and show them I have all my paper work from numerous doctors?
First, you must realize that when an employer tells an employee they must quit, or they will be terminated, for purposes relevant to how an unemployment insurance department decides who should be assigned the burden of proving fault, it should be
a discharge .. because quitting in lieu of being fired, is not a choice that usually provides a path to the employee to remain employed.
I absolutely do get why they fired you when you missed work to attend your aunt's funeral (hopefully that's why you missed) because it had nothing to do with your own health issues for missing a lot of work.
However, when you mentioned it was an HR lady who told you to write out a resignation letter, citing your health and family issues as being the cause of why you were quitting, that only raises questions for me about if you have any way to rebut at a hearing, why your discharge for absenteeism was in fact, not misconduct.
You didn't mention anything about asking for, or the employer ever suggesting you take a medical leave .. whether under FMLA, or not, to know how effective that paperwork from your doctor, will play at an unemployment hearing.
You also didn't mention what state this happened in. Had you, I might of added a link to something specific for you to read, but then you can also find most of the information I link to in other answers here, on the unemployment law and resources
unemployment law and resources page.
I'm sorry to hear about the loss of your aunt, as well as then losing your job, because you attended her funeral .. at least I hope you know, you may also have to prove that as a fact too.