Employees who are fired for willful misconduct aren’t eligible for unemployment compensation. Not following the employer’s call-off rules is willful misconduct and may bar benefits.
Recent case: Barbara was onfor several days after a foot injury. Her doctor then cleared her for work. Instead of showing up on the appointed day, she called off again.
She was warned that company rules required a medical excuse for absences. Still, for nine days straight, she called off but didn’t provide a doctor’s note. The company fired her for not providing the note.
She tried to get unemployment, but her claim was rejected. When she appealed, the court found her refusal to provide a doctor’s note was willful misconduct, justifying denial of the benefits. (Pascoe v. Unemployment Compensation Board of Review, No. 1613 CD 2014, Commonwealth Court, 2015)
- How to Fire an Employee the Legal Way: 6 Termination Guidelines
- Set separate notice rules for FMLA and regular absences
- Collect proof of FMLA medical leave the right way
- When supervisor makes stupid comment, make sure you can justify discipline
- Checklist: 9 Steps to Sniffing Out Suspicious FMLA Requests