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file for unemployment or possibly go back to work?

I have been working at my job since I was 16 in 2006. Beginning in January I was only able to work weekends because of school. Because of various snowstorms and being sick I missed about half the days I was scheduled (probably around 20 total). The last day I worked was in the beginning of March.

Once my classes ended from college in May I made a new availability to work all hours and when I went to my boss he told me I missed all these days at work and that if I wanted my job back I would have to have a meeting with a Union representative and as I was walking away told me to find a new job. I have set up a meeting but I am debating if I want to go back there or not. My boss is a very poor manager and I am thinking of filing for unemployment. The only problem is I am not sure if my employer can deny my unemployment because he is a very spiteful person and will try and stop it probably by saying it is my fault.

What should I do? Have a meeting and work at a miserable job (my job is not guaranteed but most likely I can get it back) or try and get unemployment and be considered fired (which may look bad in the future and my old boss can try and fight my claim)?

Update:

If I file this month, the claim goes from January-December of 09, where I worked over 1,000 hours.

Update 2:

And half of those days I was sick and have hospital records.

Update 3:

looking at the paperwork I have of previous schedules and paystubs, I missed 3 out of 8 days scheduled all for being sick and I have records to prove it.

Update 4:

Since January, the time frame were my work attendance has been questioned by my employer. As far as I am aware, my attendance in the previous 3 and 1/2 years has no bearing on my discharge. (If it is any consolation, however, my attendance is very good overall.)

4 Answers

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  • 1 decade ago
    Favorite Answer

    You have a union job, they did not fire you officially therefore you do not qualify for unemployment. You cannot quit and receive unemployment. You should just work things out with your union rep and go back to work. In this economy right now, anyone who has a job should keep it!

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  • Judy
    Lv 7
    1 decade ago

    If you missed half the days you were scheduled for, it would be very unlikely you'd be approved for unemployment. Your employer can't deny it unilaterally, but they can contest it based on your attendance, and you aren't likely to win. Having hospital records doesn't change anything.

    Not sure what you're saying about missing 3 out of 8 days scheduled, all fo being sick. Are you saying that in the other 3 years you just missed 8 days total, and 3 of those were for being sick?

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  • Joanie
    Lv 5
    1 decade ago

    Neither. I'd find a new job if you can, and not file for unemployment. From the sounds of it, you have no claim to benefits, anyway. You did miss work, and were only a part-time employee in the past 6 months (and very part-time at that), so they will probably deny your claim.

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  • 1 decade ago

    If you are fired (not laid off) for a legitimate reason, you can't receive unemployment. I would rather be a productive member of society and work. You can always start looking for another job while you are employed. Currently, I would not want to be looking for a job while unemployed. It might take a while to find a job.

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