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Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5299
Experience:  Extensive experience representing employees and management
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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 either i get sick or have transportation problem with this situation how likely will i be able to collect unemployment? or in what case will i be able to collect benefit?
Hello and welcome to JustAnswer.

I'm sorry to hear about your situation and hope I can help.

Unfortunately, in order to be eligible to receive unemployment benfits you need to be terminated 'through no fault of your own' and not for good cause.

You probably would not be eligible to receive unemployment benefits if you are terminated due to attendance, however, if you are able to demonstrate that your transporation problems or illness caused your absence, you may be eligible to receive benefits.

However, it would be difficult, since you most likely would need to demonstrate that your pattern of attendance problems, and not your final attendance issue, were caused by transportation problems or illness, or something else that was not 'your fault.'

I wish I had better news to give you, but I hope you appreciate a direct and honest answer to your question.
Customer: replied 5 years ago.
so if my previous attendance points were for different reasons and my final points are for a certain illness or transportation i will not be qualified because they are not the same patern. is that correct?
so in order to be qualifed all of my points has to be for a same reason which was not my fault?
Yes, most likely you wouldn't qualify for unemployment benefits as long as some of the absences were 'your fault' and were not caused by illness or transportation problems.

In order to qualify for unemployment benefits you would need to demonstrate that most of your absences were not your fault, since otherwise the termination would be considered to be for 'good cause' and not 'through no fault of your own.'
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