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Posts tagged "termination"

Circuits come closer on 'motivating factor' test in ADA cases p2

We are continuing our discussion of a 6th U.S. Circuit Court of Appeals decision. A woman claimed that her former employer fired her at least in part because her medical condition required her to use a wheelchair. A decision like that would have been a violation of the Americans with Disabilities Act.

Can I collect unemployment? I quit for a new job, but my new employer changed its mind.

Yes, quite possibly. A common question I receive from individuals seeking help with their unemployment insurance is whether they qualify for benefits if their new job doesn't work out. Most often, this situation rears its head when an employee accepts employment with a new employer while they still have a job. After receiving and accepting an offer of employment and quitting their old job, the employee will face an issue that causes the employer to rescind the offer or terminate them during the introductory period. Most often, the reason will be a discrepancy in a resume or employment background check, a bad reference, or simply a "bad fit" at the new employer.

Does termination disqualify me from unemployment insuraunce benefits?

Probably not. Terminated employees are typically entitled to unemployment insurance benefits. The primary exception to this rule is when the employee is discharged for "misconduct". Misconduct has been defined and redefined as an intentional and substantial disregard of the employer's interests. Employers bear the burden of proving to the State that the employee engaged in misconduct and therefore should not be permitted benefits. The unemployment insurance system is in place to protect employees who lose their job to no fault of their own, but employees who are deemed to have engaged in misconduct are found to be at fault for their own job loss and are therefore disqualified from benefits.

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