Surplus situation from company, no job offer due to attendance, am I laid off or fired?

by Shawn

(Texas)

My company is in a surplus situation. They are offering jobs in a lateral position however due to an attendance issue from last year I do not qualify for the job offer. Therefore, I will be surplussed out of a job in September. My question is if I was fired for attendance, I know that could be considered good cause, but since I am just not getting a job offer… am I fired for attendance or just laid off with no job offer? That could be the difference between recieving benifits or not.

TY

Okay Shawn,

Let’s take a look at this situation, rationally.

You are talking about two different types of job separations.

If they wanted to fire you for attendance and pursue it as a discharge for attendance .. they would need to do so now.

So we need to look at the reason your current job is going to end .. it sounds like a layoff for “lack of work” and is without a misconduct argument, therefore, qualifying .. unless between now and September you screw this up and have further attendance issues and get fired.

They have every right to offer jobs to those they want to offer jobs to, but not offering a new position at a time when the goal is a workforce reduction and past attendance problems are a “criteria” for whom they offer work is NOT the reason your job is ending.

Please tell me you get this!!