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Thread: If an employee is fired because a medical condition...

  1. #1
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    Default 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. #2
    Senior Member
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    Default If an employee is fired because a medical condition...

    bgallaghersffnet@yahoo.com (Bernie G) wrote in message
    news:<sod0m0tohbhufd81e0dcigr5sccumdhieo@4ax.com>. ..
    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.


  3. #3
    Senior Member
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    Default If an employee is fired because a medical condition...


    "Bernie G" <bgallaghersffnet@yahoo.com> wrote in message
    news:sod0m0tohbhufd81e0dcigr5sccumdhieo@4ax.com...
    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.


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

    Bernie G <bgallaghersffnet@yahoo.com> 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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