My bf dr is telling him he can only work 4 hours a day. Can his work fire him for that if they have no position like that for him without giving him unemployment? He lives in wisconsin

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My bf dr is telling him he can only work 4 hours a day. Can his work fire him for that if they have no position like that for him without giving him unemployment? He lives in wisconsin

He is diagnosed with Autism Spectrum
disordee. Been off work for over a
month. They have told him he has no
more FMLA time as of April 28 and will
no longee have insurance as of then as
well. He doesn’t have a union. The dr
and short term disability want to
graduate him back to work slowly. Just
wondered if they fired him because of
this if he can get unemployment.

Asked on April 21, 2016 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

1) Yes, they can fire him for not being able to work full time hours. It is not a "reasonable accommodation" to allow an employee to work short hours, and an employer does not need to create a position for an employee to work short hours.
2) If he cannot come into work for the hours his job requires, he could be fired "for cause," which would make him ineligible for unemployment benefits. The employer does not need to fire him for cause, and could simply terminate him--but they would have the right to fire him for cause and deny him unemployment if they chose.


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