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Category: California Employment Law
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Experience:  Extensive experience representing employees and management
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can you get unemployment if you get fired for attendance? ive been working for a compa

Resolved Question:

can you get unemployment if you get fired for attendance?

ive been working for a company for almost 7 years. We work 12 days and we get 2 days off. That makes 4 days off a month and they have a 12 point rule. each call in is a point and it takes about 3 months to get a point off. i have 3 weeks vacation and when i asked for vacation time the employers deny me constantly of my earn vacation days. am i able to get unemployement because of this.
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Joseph replied 2 years ago.
Hello and welcome to JustAnswer.

Unfortunately, an unexcused absence is likely to constitute good cause for termination, which would prevent you from receiving unemployment benefits.

However, if your employer always denied you your sue of vacation time, you may be able to establish that you weren't terminated for cause, but it would be very difficult to do so.

This is due to the fact that the employer has the discretion to decide whether or not an employee can take vacation time off at a given time, even though it is earned.

This stems from the employment at-will doctrine, which provides that an employee may be terminated at any time for or without prior notice.

It is codified in California Labor Code Section 2922, which states:

"An employment, having no specified term, may be terminated at the will of either party on notice to the other. Employment for a specified term means an employment for a period greater than one month."


Since an employer has the discretion to terminate an employee at any reason, employers are also within their rights to refuse an employee's request to use vacation time.


I wish I had better news for you, but I hope you appreciate a direct and honest answer to your question.

Joseph, Lawyer
Satisfied Customers: 4896
Experience: Extensive experience representing employees and management
Joseph and other California Employment Law Specialists are ready to help you

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