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  • If an employee is fired because a medical condition...

    If an employee is fired because a medical condition, is that
    considered "cause" to be denied unemployment benefits?

    If you need more details to answer the question...

    The former employee in question had his gall bladder removed a few
    years ago.

    As a result the former employee occasionally gets bouts of diarrhea,
    especially after a heavy lunch.

    This never interfered in his ability to do his job.

    Over the course of his employment, he had become ill once or twice,
    and accidentally caused the toilet in the lavatory to overflow.

    The head of maintenance complained, and the employee was terminated.

    On the day he was terminated, his manager told him that this was the
    reason for his termination.

    The former employee was a temp hired through a temp agency.

    The employee resides in New Jersey.

    The place of employment was Bethlehem, PA.

    The agency was Kelly Services.

    The client company was Guardian Life.

    The former employee is not complaining, or whining about his lot in
    life, or playing the victim; he just wants a question answered.

    He just wants to know if he is entitled to collect unemployment
    benefits.





  • #2
    If an employee is fired because a medical condition...

    [email protected] (Bernie G) wrote in message
    news:<[email protected]>. ..
    If an employee is fired because a medical condition, is that considered "cause" to be denied unemployment benefits?
    [snip]
    The former employee is not complaining, or whining about his lot in life, or playing the victim; he just wants a question answered. He just wants to know if he is entitled to collect unemployment benefits.
    Not only might he be entitled to collect UI benefits, he should also
    immediately consult with a number of plaintiff's employment lawyers
    because he may have a cause of action based on the federal ADA or
    other state disability discrimination laws. Get him to a lawyer asap.

    Comment


    • #3
      If an employee is fired because a medical condition...


      "Bernie G" <[email protected]> wrote in message
      news:[email protected]
      The former employee was a temp hired through a temp agency.
      To clarify: who fired the employee? The temp agency? Or the place where the
      work was performed?

      If this was a temp situation, then the place where the work was performed
      *could not* fire the temp, because the temp did not work for them. That
      place could, however, request that another temp be assigned.

      Did this temp worker get another assignment from the temp agency? If so,
      then it's clear that the worker wasn't fired at all.

      Comment


      • #4
        If an employee is fired because a medical condition...

        Bernie G <[email protected]> wrote:
        : If an employee is fired because a medical condition, is that
        : considered "cause" to be denied unemployment benefits?

        <details snipped>

        First of all, I am not a lawyer. It depends on the state, and I'm
        not familiar with either PA or NJ law, but a claim for unemployment
        compensation arising from an involuntary termination of employment can
        usually only be denied if the employee was fired "for cause." The
        definition of "cause" may be subject to interpretation, but in my totally
        non-expert opinion, I wouldn't think that accidentally overflowing the
        toilet because of a medical condition (the employer didn't believe that
        the employee maliciously or purposefully overflowed the toilet, right?)
        would constitute "cause" under most interpretations.

        The employer may challenge the claim based upon some other (read:
        B.S.) reason, but that's a totally different issue.




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