Can I collect unemployment if I have been fired for a no call no show?

I got fired for no show no tell I was in the hospital with my child I had no signal as soon as I got home I text my boss because he was not answering my calls I was told by HR that unemployment will not be a option I’ve worked at this place for 2years

HR should not of told you that, since they do not determine whether the final incident revolving around the no call/ no show was beyond the unemployment claimant’s ability to control, or the claimant’s ability to show the unemployment department a call log, or text, or medical documentation, or whatever, that proves the discharge was for a reason that should of reasonably not been held as misconduct.

Apply for unemployment benefits Anonymous,

It’s your right to apply, even if denied by the state.

And as far as I’m aware, and I’m not an attorney, therefore nothing I tell anyone is legal advice, applying for unemployment benefits is the one right, a smart employer would not include in, let’s say a severance agreement if discharging a person for something other than work misconduct to include language requiring waiving some legal employee rights just to receive the severance pay, although severance pay often impact when to apply for UI benefits, as they often eliminate a benefits amount for the duration the severance amount, equates to still being paid an average of your weekly wage.

by: Chris

The way you tell it, the separation was a voluntarily quit by job abandonment when not calling in twice, not a discharge, aka termination.

So the question I have is if how you responded to notice of claim filed was the cause for this person lucking out and getting benefits, or restarting a claim.

Additionally, I thought employer of less than thirty days had access to some sort of non-charging provision for a last employer of less than thirty days of employment. If this was just the initial determination, you still have the IL request for redetermination, and then if necessary, an appeal hearing to set the record straight to this sep being a VQ by job abandonment.

by: Anonymous

An employer works hard to keep schedules going and business doors open – yes, they really do – so I have an employee who works 3 days per week, is warned several times for calling off after not showing up and finally calls one day and says he cannot work the next. day. That was the last we heard from him, so he was terminated three days later. He has only worked 15 days at that point in time. Illinois decides to give the employee unemployment because the employee claims he told us he said he could not come back until further notice.

We submitted his actual text saying “I cannot come to work tomorrow.” So being terminated for not showing up the day after that and the day after that, not calling in, having no reason he was unable to call in…..and he gets unemployment. That’s why Illinois is in the condition it is in!

Bravo, ILDES! Well done! You will not be happy until every business is closed and everyone is on the public dole. Good luck!

by: Chris

Any prior attendance warnings?

And which state are we talking about here?

by: Melissa

I was fired for no call no show but I called my manager no answer so I called my job and had my co worker cover for me. The next day I come in on my regular schedule and was told that a decision was made the day prior for termination. I have never signed or was given any policy not was given proper notice. Do I have a wrongful termination case?

by: Chris

I can’t tell you what to do, from what you told me, or without knowing at what point in the unemployment process you were when last denied to collect, or the reason they denied.

Sounds like a situation which might be better suited for coaching, instead of posting a comment without any meat on the bone to get a free answer.

Or possibly you might just need a bit more reading of other free Q&As to determine what might be important in your situation to relay to me before it’s too late, if not already.

Chris

by: Anonymous

I was asked to voluntary resign after being hurt on job and was on light duty for a while went to every appointment and then the last part they called me in to their office hr lady read the Dr report about my injury said Cooperation want a convo with me. Said my injury want work related so they said **name deleted** come back to work full time sign a paper and say there’s nothing wrong with you, or go back to the Dr and get them to release you to full duty with no restrictions, all this happened while under their Dr’s care.

I was supposed to return to their Dr August 25.

Instead they sent me certified letter saying I was let go for no call no show. I do have Dr note stating for me to be off for two weeks, which I faxed to their office.

Never got the first letter from the hr dept. She said she called numerous times.

What can I do now they won’t give me unemployment now.

by: Anonymous

I was asked to come in on my scheduled day off. I informed my employer that I couldn’t work extra. When reported back to work on my next scheduled day, I was marked off the schedule and told by another employee that I needed to contact my boss before clocking in. I called my boss and her assistant. Neither answered or returned my calls. When I filed for unemployment, they stated the reason for separation was I voluntarily quit. NO CALL NO SHOW!!!

by: Wil

I was terminated for a no call no show. The thing is I wasn’t even on the schedule just getting some ot well I had a doc apt, so when I woke up I texted the supervisor an then after my apt I went into work to get some stuff well when I got there my supervisor sent me home then he told the big boss that is didn’t show up or so they fired me over info that was not true is this illegal do I have case.

Is what part, illegal?

In light of unemployment laws, even when an employee is fired for a reason that ends up not being considered a reason rising up to a definitive case of work related misconduct, and therefore they get benefits, rarely means, the no misconduct also mean the employer did something illegal that amounts to a wrongful termination civil suit.

Actually, there isn’t much of a distinction to be made between regular hours on a schedule and OT hours. In most states OT laws have to do with making sure you get paid the OT wages.

But here’s the thing, the way you related this story, leads me to believe you knew you the employer was expecting you to be at work, and it was your assumption that because it was just to get some extra OT and that you had scheduled a dr. appt, somehow suspended the employer’s policy about the way to call of, because you had thought gettin’ a little OT, was optional.

In most states, mandatory OT, or signing up for OT means you’re now on the schedule and all the rules apply.

Better gather up that doctor note and that text message and even then, you’re going to have to supply the credible story, about why this separation from a job, is not your fault.

And that’s the reasoning I couldn’t find in your comment,

by: Anonymous

I was fired for 3 day no call no show. I was arrested and detained for 7 days, and I was not able to call no body. The officer took my cell phone amd put it in my car. Which left me with no numbers. But when I was released I calledy manager at told him what had happened. And that’s why I didn’t call.
The situation was beyond my control. Also? The 3 day no call no show policy is not in the company’s hand book.

Oh, this is rich with, well never mind, I can’t help myself, I’m going to publish this comment and make one of my own.

Yes, I suppose a person could see being arrested and incarcerated for seven days and not knowing any of the phone numbers, even their employer’s, because it was stored in a cell phone which was left in your car by those thoughtless cops who took it from you when they arrested you, as beyond one’s ability to control, but in case I have to tell you this, I’m not one of those people.

Additionally, three no call/ no shows isn’t something you get fired for. As I used to explain to employers, that is a voluntary quit and generally speaking, without good cause, unless maybe, the person was being detained in a hospital after having something actually beyond their control happen to them, like a heart attack.

Chris

by: Anonymous

My schedule changes constantly. Every week, I go home and write on my calendar what my days of work will be.

I wrote down the correct times — but I had the date wrong — I went in one day too late, so they considered that a “no call, no show.”

I brought in my calendar, demonstrated good faith, showed I had made a mistake. I have no prior incidents like this. One of my supervisors said he would vouch for me. The HR department was sympathetic and said they would not fight unemployment benefits.

I plan to tell the exact truth the whole way through. I will also say that God as my witness, I believed my schedule was what it was as I wrote it down and I was shocked to find it was not.

What do you do in a situation like this? Mistakes happen. This was NOT misconduct as far as I’m concerned.

I’m in Nevada. What are my chances?

Depends on you and how you approach this.

You’ve told me it was a one time inadvertent error with no prior warnings.

However, I don’t know what the employer’s policy is and they do have the burden of proof here.

You can also use the calendar you showed to the employer to show your error was just that, and error and not an intentional choice to show up one day late.

Normally, it takes two nc/ns to suffice as a voluntary quit by job abandonment.

And if what I know means anything, that’s how the employer will protest this, not as a discharge.

Why? They hope they can shift the burden of proof to you, because the discharge wouldn’t be with good cause in most cases of discharge for poor attendance.

by: lee

I got fired for no call no show after 12 years I was so sick and throwing up I live alone could not get my head off the pillow. I have Crones disease 4years 2 major surgeries and lots of flair ups I am 63 years old have perfect attendance and never call out unless I’m really sick. anyway I called 911 from my bed took me to the emergency ward and was admitted for 2 days my new boss has only been there for one yr and fired four people do you think I can collect

Illness itself cannot release you from the need to call in to let them know you won’t be there.

But, considering the circumstance, I could see you getting a pass on that because you were taken by ambulance to the ER, however, the point here is when were you first able to call your employer?

When was that?

by: Esther

On October 8, 2011 I worked my normal shift, and copied the new weeks schedule down before I left. I needed off the next day, Sunday, so I got a girl to cover my shift, it was all fine. My schedule had said that I was off Monday, Tuesday, and Friday, and at work on Saturday I even noted that I was scheduled for less hours this week, but heard others talking about that they were scheduled for less hours as well, so I thought nothing from it. When I got my shift covered, I even texted the girl that I could cover her Monday, Tuesday, or Saturday if she needed me too, still thinking this whole time that I wasn’t working those days.

So Monday night comes around and I hear from a fellow employee that I was maybe fired for not showing up that morning, and I thought it was impossible because I had written down all my hours. I called and left a voicemail that night for my manager. The next morning I was getting ready to go talk to my manager, and decided to call up first to see what he said, and he basically told me too bad, even though you made a mistake, it is still a no call, no show. I told him that I was sorry, and that I would have never done a no call, no show on purpose, but it didn’t matter. I also really enjoyed this job, although only working there only two months, which was as long as anyone was there, because it was a brand new facility. They valued me as an employee too, and recognized my hard work, which is why I am so confused. Earlier when we first opened, a fellow employee made the same mistake, but only got written up. I just need to know if this is just, can I get any benefits, and/or do I have any rights?

by: Anonymous

i live in the state of SC I was out of work with a back injury and was not able to complete the training to return back to work. My employer asked that I get a doctors excuse stating why I could not return which I tried though the doctors would no write me one nor would they see me again which I did not understand I was released with moderate duty to return back to work, but the problem was in order to return to work I had to shoot a shot gun and complete a hand to hand combat training class. So while waiting on the doctors to respond my employer called me and said they were going to fire me for a no call no show, even though the HR lady and two captains knew my status and was still suffering form a back injury. So even though I was not on the work schedule I was fired for a no call no show. Is this legal?

It would have been legal even if you had the proper documentation. at the proper time.

But, I’m still confused about what happened with the doctor. How can a doctor refuse to see you, but still refuse to give you a note yet yet at some point give you a restricted release to return to work, which might have excused you from the training that was happening?

But, in the final analysis, you say you got fired for job abandonment or a nc/ns which is really a voluntary quit,. as it is important to communicate with employers regardless of whether they “know your status”.

Sounds to me like you assumed to much and may not have been compliant with the employer rules, or the doctor’s note.

by: Anonymous

I have really been sick sick due to my pregnancy..like really sick back and forth to the doctors and hosp. I always called of just about every day and every week, I got really sick and didnt go to work for 3 days I could barley walk,since I had been calling off sick like this for the last 2 months I didnt think it was a big deal..they said it was ok and to worry about my heath first. I call the next week to let them no I had to go to the hosp. again and papers to show I need to be off again due the the how sick I was then they fired me for no cal no show…ive been sick for the last 2 and a half months and not going to work. will I be able to get unemployment?

Did you nc/ns?

by: Misty

I was fired July 14th 2011 after 15 yrs with the same company. We have an answering service at work. Then we have a line for employees to call in sick etc: Well I was so sick that entire night and morning my husband called and left it with the answering service, he didnt know any better. They have had known problems with this service. Well I got a call late that evening from a woman thats been there 1 month telling me I was terminated for no call no show. So we argued a little I let her know my husband did call. She claimed up and down the company did not have an answering service. Well she called back the next day to apologize, we do have an answering service but nothing documented that my husband called. Go figure. I have worked with this company and never been in trouble, no write ups, no nothing! I have filed for unemployment but havent heard yet. What do ya think will happen?

Hi,

Whatever I think is just a guesstimate, I don’t know what state you live in and some are friendlier than others, but I do know a little from what you’ve told me, so I can briefly address what I think may happen.

You’ve never been disciplined for attendance in the 15 years you’ve worked there therefore, misconduct for unacceptable attendance would be nearly impossible to prove.

A voluntary quit by job abandonment almost always requires at least two consecutive occurrences of nc/ns, to show misconduct, merely because life happens.

And finally, you have a witness for your unemployment hearing, should you be denied. Your husband has direct knowledge about the situation, and can testify that he called in, but didn’t know there was a different line for calling off and to the severity of your incapacity to think clearly enough to make sure he knew what number to call.

But even at that, there should at least have been some warning from the employer and possibly an acceptance of your explanation as legitimate cause for what happened.

What was the final incident?

Had you been previously warned?

Did the employer have a rule?

Were you made aware of the rule?

Were you made aware your job was in jeopardy via a warning?

These are the type of question the unemployment department always ask and are relevant to determine misconduct or a voluntary quit.

In fact, the employer should not protest this as misconduct, but a voluntary quit, if they are smart.

by: Anonymous

i was arrested and notified my boss he wanted me back a certain day and was not released until after that day, he terminated my employment due to not being there when he wanted me to be there but also due to being slow and not needing to hold a position he did not need. it was out of my hands, I claimed unemployment but there just sent me a letter they need more info on the reason for termination of employment I really need the money until I can get another job what wording should I use in order to get a pass on unemployment?

The truth. Your wording should be the truth.

I suspect that your boss may have wanted to fire you for being slow, as you say, but that he actually lucked out that you gave him a legitimate reason to fire you.

Part of being a responsible employee is getting ourselves to work on time and when we can’t to either arrange for time off or call in per the employer’s requirements when the circumstances are beyond our control, such as being sick or when our children are sick, or even when there is some kind of family emergency.

In your case, you called because you had been arrested, unless you can prove that your arrest was “beyond your control” such as in being “arrested by mistake, I’d say you’re screwed,

So, it should be clear that the details of the arrest and the possible charging and possibly whether you are convicted or acquitted can be of importance here.

by: Anonymous

I was terminated because I was a no show. But the reason I didnt call in was because every morning I drive thirty two miles to get to my job. My truck really is not in the conditions to be driving long distance in the hot due to my tires. Okay well that morning I dont know how it happen but my tire locked and I freaked out and I totaly forgot to call.But also the day before I missed because my 4 yr old son was sick. But I always called in to let them know that I wasn’t going in that day, just on that day I was just to freaked out ans it crossed my mind but my intentions were to go to work that morning.

Is this what you’re going to tell the unemployment claims interviewer? Good Luck, I think you’ll need it.

by: Brian

I was unable to report to work because I was arrested. My employer was made aware of the fact that I was arrested by the police, and my girlfriend, as well as via the internet. I was bonded out a week later and went to my work site, only to find my personal effects boxed up. The charges for arrest have since been dropped. My former employer is denying benefits based upon the fact I was a no call no show. They were informed of what had happened the day of my arrest. My supervisor even came to my house to get work materials that I had in my garage. Can they still claim no show no call even if they were informed of where I was?

If the charges were dropped, you may have a good shot at proving that the circumstances were beyond your control and not “work related misconduct”.

Of course, I think, you would require a witness that will corroborate the employer was informed as timely as possible.

by: Anonymous

i got fired cause no call no show, at least this is what the asst manager said, cuz my manager never told me anything, I was supposed to work but 2 hours before I called the asst manager (the manager was off that day) and I let her know I couldn’t make it cause I didn’t have a babysitter for my 1 y/o daughter, she said its ok she got someone to work for me, the next day she text me saying I’m not on the schedule, I was ready to go to work, even the schedule was already post for the rest of the week and I was scheduled for all the 5 days, when I went to pick my check nobody said anything to me, I worked there for 1 year, I never called off before, I never missed a shift, I didn’t have any warnings, I even got bonuses for my good work, I got copies of my complements, I didn’t have any complaints, thank you very much

Hi,

Do you still have the text? How long between the text and when you went to pick your check up?