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Can I receive unemployment if ?
I didn't show up to work because I had a mental health break down. I am a vet with ptsd. I text my boss the first day I missed that evening and then the next morning because I hadn't been released. I know for a fact he received them because the iPhone read receipt. I got fired though for job abandonment even with my hospital excuse. I live in Texas by the way. And my job knew it was a pre existing condition.
1 Answer
- random_manLv 78 years agoFavorite Answer
You can certainly apply for unemployment, and then it will be up to the former employer to appeal it.
If they do, you will go to a hearing where each side will present their case. You can argue that you weren't able to attend work for health reasons, that you were recieving medical care, and that you notified your employer of such. (I think a phone call would have been better than a text, but whatever). Assuming your employer has over 50 employees, under FMLA, your employer is required to allow you sick time (at least unpaid). You don't need to go into having a breakdown or even that it was mental health related. The specific reason doesn't matter. It's then up to your employer to counter argue.
In my experience, 90% of the time, the appeals board finds in favor of the employee.
Source(s): Former employer who has lost appeals.
