Can You Get Unemployment if You Get Fired for Attendance?

Yes, you may be able to get unemployment benefits if you are fired for attendance problems, but it depends on why you missed work and whether your conduct qualifies as misconduct under your state's unemployment laws. Simply being fired does not automatically make you ineligible for unemployment. Unemployment insurance is administered by individual states, and each state sets its own eligibility requirements. In general, benefits are intended for workers who become unemployed through no fault of their own.

Table of Contents

Is Poor Attendance Considered Misconduct?
When Can You Get Unemployment After Being Fired for Attendance?
When Could Attendance Make You Ineligible for Unemployment?
Does Your Employer Decide Whether You Get Unemployment?  

Is Poor Attendance Considered Misconduct?

Poor attendance can be considered misconduct , but not every attendance problem is misconduct. For unemployment purposes, misconduct generally involves more than simply failing to meet an employer's expectations. States may consider whether the employee deliberately or repeatedly disregarded a reasonable workplace rule. For example, California's unemployment guidance says an absence may constitute misconduct when an employee's actions demonstrate a willful or intentional disregard of the employer's interests. The agency distinguishes that from a good-faith error in judgment or circumstances that do not rise to the level of misconduct. New York's unemployment appeals guidance similarly states that continued absenteeism or tardiness after warnings, without a compelling reason for the final incident, may constitute misconduct. That means the circumstances surrounding your attendance usually matter.

When Can You Get Unemployment After Being Fired for Attendance?

You may have a stronger case for unemployment benefits when the attendance issue did not involve intentional misconduct. Examples might include circumstances where:

• You missed work because of circumstances outside your control.

• You had a legitimate or compelling reason for an absence.

• You made reasonable efforts to notify your employer.

• You did not deliberately violate an attendance policy.

   

When Could Attendance Make You Ineligible for Unemployment?

Situations where attendance makes you ineligible for unemployment include repeated unexcused absences, repeated tardiness, ignoring previous warnings, no-show incidents, and falsifying the reason for an absence.

Repeated Unexcused Absences

Repeatedly missing scheduled shifts without a legitimate explanation can make it more likely that an unemployment agency will consider the behavior misconduct.

Repeated Tardiness

Occasional lateness and repeatedly arriving late after disciplinary warnings are not necessarily treated the same way. New York's unemployment guidance, for example, recognizes that continued tardiness or absenteeism following warnings may constitute misconduct when there is no compelling reason for the final incident.

Ignoring Previous Warnings

Warnings can be an important factor because they may show that the employee knew continued attendance problems could result in termination. For example, California describes a situation in which an employee with a prior attendance warning failed to contact their employer despite having the ability to do so. The state concluded that the circumstances demonstrated an intentional disregard of the employee's obligation to the employer.

No-Show Incidents

No-shows can potentially support a finding of misconduct, especially if the employee was able to contact the employer and knowingly failed to do so. But even a no-call, no-show is not necessarily an automatic disqualification. The reason the employee failed to report to work, whether notification was possible, and whether someone notified the employer on the worker's behalf may all become relevant.

Does Your Employer Decide Whether You Get Unemployment?

Your former employer doesn't decide whether you get unemployment, but they can provide information about your termination and may dispute your unemployment claim. The state unemployment agency makes the eligibility determination. The agency may request information from both you and your former employer. In California, for example, when a worker is fired, the EDD may conduct an eligibility interview or request additional information, and the employer has the burden of establishing misconduct in a discharge case.
Other states have their own procedures and standards.