How can I prevent my employer from blocking me from getting unemployment if he fires me?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I prevent my employer from blocking me from getting unemployment if he fires me?

I work for an environmental chemistry company. I work in a very hostile work environment in which my job has been wrongfully threatened numerous times. This past week i broke my hand and have a splint on. On Thursday I proved that I can still perform my job duties with the splint, then on Friday they took me out of my department and claimed that I cannot perform my duties. When I goo in on Monday I believe they are going to fire me and say that I am unable to perform my job duties with or without reasonable accommodation. They repeatedly used the reasonable accommodation phrase toward me on Friday. My employer is trying to fire me in a way that prevents me from being able to collect unemployment in order to keep his taxes down.

Asked on April 24, 2016 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Being fired because you cannot work due to an injury is NOT to be fired "for cause"--for cause firing, which is what can make you ineligible for unemployment, is for wrongdoing at work, such as insubordination, violating company policies, theft (including theft of time--i.e. falsying timesheets, etc.). There is no wrongdoing--no "cause"--in having suffered an injury. If they try to claim you were fired for cause because of your injury, you can appeal a negative unemployment determination (you initially appeal within the agency, but can escalate to the courts, if necessary) and should also contact the federal EEOC or your state equal/civil rights agency to see if this would constitute illegal discrimination or harassment due to a disability.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption