Can I collect unemployment if I was fired due to being physically unable to perform the housekeeping job?

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Can I collect unemployment if I was fired due to being physically unable to perform the housekeeping job?

Asked on September 19, 2012 under Employment Labor Law, Washington

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Performance issues, such as not physically being up to the demands of a job, are generally not grounds for "for cause" termination. A "for cause" termination is usually based on some wrongful act or acts by the employee, such as insubordination, not following a manager's instructions or company policy, excessive absenteeism, committing crime at work, etc.; however, problems with doing a job are generally not cause for termination. If you were fired, but not for cause, you should be eligible for unemployment. From what you write, it would appear you could receive unemployment compensation. You would not be, however, if you lied about or misrepresented what you could do to the employer in order to get the job; lying to your employer is generally cause for termination.


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