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Can I file for Unemployment before I get the Separation Letter?

by tom44 on April 15, 2013

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Question by Cherry Garcia: Can I file for Unemployment before I get the Separation Letter?
Okay here’s the deal. I got very sick and missed too many days out of work. The HR manager called me today and said that they can no longer hold my job and would send me a separation letter and have me pick up my things. On my separation letter she said if i’m out due to an qualifing medical condition I will be elgilble for re-hire. Can I get unemployment if Im elgible for rehire or do you Have to be inelgible for re-hire?

Best answer:

Answer by Max Hoopla
You can’t get unemployment until you are unemployed. You can’t be rehired until you are capable of showing up regularly.

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2 thoughts on “Can I file for Unemployment before I get the Separation Letter?

  1. Julie says:

    If you are absent due to illness and you complied with policies ie called in each day your behavior is not considered misconduct with respect to unemployment compensation benefits. Based on the facts as stated by you. you are eligible for benefits. The next issue is whether or not you are able and available to work each week based on your illness. You must meet this in order to receive benefits. Being eligible for rehire is not the threshold question. This is a common question we get at our office EZ Unemployment Appeals Miami Fl

  2. Judy says:

    If the company contests unemployment, you probably won’t be eligible for benefits.

    Whether you’re eligible for rehire depends on what the company considers a “qualifying” medical condition. This would have no effect on your eligibility for unemployment benefits

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