[bonbonwelch]

I was fired after I spent a day in the hospital for a kidney infection. I applied for unemployment benefits until I can find a new job. My former employer is fighting to not pay me saying that it was for absenteeism. Are they going to win if isn't there a difference?

[smoothy]

What was your actual job status before that... Part time, Full time? At will? Did you already use all of your sick leave... were you already warned about other unexcused absenses? What state did this occur in? We need more information.

[bonbonwelch]

I live in Michigan. I worked full time. No I was never warned about absences. We don't have sick time or vacation time. I've tried to give Dr excuses before but the manager never wanted them saying that we are a small business and she could see that I was ill.

[smoothy]

I live in Michigan. I worked full time. No I was never warned about absences. We don't have sick time or vacation time. I've tried to give Dr excuses before but the manager never wanted them saying that we are a small business and she could see that I was ill.

How many employees in the business? I'm guessing its pretty small and below the size where they aren't required to provide any.

Keep in mind... they can provide evidence of your absebenses and if you was ever warned. And if you appeal the unemployment denial all that will come out at the appeal. If you were out long enough and frequyently enough... they do have the right to dismiss you.

And even if you were in the Union... you can still get fired for excessive tartiness or sick days. I know several people that happened to.

For a perspective... about how many days have you taken off sick this year... how many last year? It helps put this in perspective for those of us who weren't there.

[bonbonwelch]

The restaurant has 4 employees. I took off 3 days for an injury with a Dr's note. And me and the only other cook took three days off for the flu with no note. I understand that they are too small for illnesses but to fire me when I have a Dr's note should allow for unemployment, right?

[smoothy]

Based on what you have said so far... if you have your unemployment claim rejected... and appeal it... I think you stand a good chance at winning based on what you have told us here. But remember... if they have records that say otherwise... then all bets are off. That's why I asked... because they WILL present those if there is an appeal.

But based on what you have said... I think your chances of collecting unemployment are good.

I've won an appeal that was far less cut and dry than your situation appears to be.

[bonbonwelch]

Thank you.