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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.
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On 29 Sep 2004 17:29:37 GMT, bgallaghersffnet@yahoo.com (Bernie G)
wrote:
If an employee is fired because a medical condition, is that
considered "cause" to be denied unemployment benefits?
If he is otherwise eligible, in California the answer would be no.
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.
He may want to check with an employment attorney to see if he has
grounds for wrongful termination in violation of the ADA or a more
strict state counterpart.
------------------------------
Bob Stock, California Attorney
Nothing I've said should be relied on as legal advice.
------------------------------
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I think the termination was without cause.
McGyver
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.
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Sounds like this has to do with ADA more than with Unemployment Ins.
--
Falky
San Diego, Calif.
----------------
Disclaimer: This has been the opinion of a law student, not a lawyer.
Author advises each reader to get the opinion of a legal professional.
This post is not intended to be legal advice.
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.
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