If I was terminated after having surgery but I am now able and available to return to work, untilI find a job, am I able to draw unemployment while I am searching?

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If I was terminated after having surgery but I am now able and available to return to work, untilI find a job, am I able to draw unemployment while I am searching?

I was terminated after I had surgery and was unable to return to work doing the job I was doing (standing and walking a lot). I am now able to go to work but not standing and walking a lot but I do have training in other areas.

Asked on February 20, 2012 under Employment Labor Law, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you were terminated, you should be able to collect unemployment; unemployment is available when it is an involuntary separation from work (so, being fired, laid off, terminated, etc.) so long as it was not a firing "for cause" (e.g. for excessive absenteeism, insubordination, violating company policy, etc.). Since there is good faith reason to believe you may be eligible, you should apply for unemployment; when you apply in good faith and are honest on the application, the worst that should happen is you are possibly turned down, which means there really is no reason to at apply.


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