I called out of work 3 days to care for my sick family member and my boss then approved it.  I then called to let him know I can return to work on the 4th day and he said I was terminated.  I was approved my unemployment and then the company wanted to fight it by stating I quit my job.

Answer:

In New York you have the option of appealing an adverse ruling to an administrative law judge.  Ultimately, the New York State Unemployment Division will make a determination after hearing from you and your former employer.  If the final determination is that you voluntarily resigned then you will likely not be provided with unemployment benefits.

This legal question was provided by Avvo and answered by Kim Patricia Berg. an experienced White Plains, New York Employment Attorney.