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Category: California Employment Law
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i am currently working at AT&T as a retail sales consultant.

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i am currently working at AT&T as a retail sales consultant. it is a part time position and i've been there since january 2011. i have 6 attendance points and if i get another one in the next six months i will be fired. i was wonder if i get fired for attendance with this situation how likely will i be able to collect unemployment?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  dkaplun replied 2 years ago.
Thank you for your question.

I am sorry to hear that you are in this situation. If you are terminated for attendance, that would mean that you were terminated 'for cause'. A 'for cause' termination would not permit you to seek unemployment benefits because those benefits generally exist only for those who were terminated without cause, or without any fault of their own, or in cases of a hostile work environment, or in cases where the employer agrees not to contest the filing. Here, since the policy was clearly provided and explained, it would very likely be contested if you would file, and the agency would uphold this as a 'for cause' termination, making you ineligible for benefits. It is not very likely for you to obtain benefits.

Good luck.

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Customer: replied 2 years ago.
but i heard from some people that in california it is different. and what if i get sick in this SIX months. because it is a long period. even if i have a good reason such as illness or transportation problem i won't be able to collect benefits?
thank you
Expert:  dkaplun replied 2 years ago.
Thank you for your follow-up, Mike.

All states require for you to collect that the termination would be 'without cause', and your state also requires that type of a condition. No state will grant you benefits if you were terminated due to your own potential misconduct unless the employer chooses not to contest. If you get ill, that is a separate issue because then you are invoking potential disability claims, something that is not the case with your initial question--if you are late, you are potentially 'abandoning' your employment, giving the employer cause to terminate.

Good luck.
Customer: replied 2 years ago.
so if i get sick and not show up to work and they fire me then i can collect unemployment ?
Expert:  dkaplun replied 2 years ago.
No, you cannot. You would still be terminated not over an illness but over 'abandonment'. That is a 'for cause' termination and it would keep you from receiving benefits in this case.

I am sorry.
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