Fired for being unable to perform required work
For this case we will be talking about if you have or develop a legitimate physical disability and are unable to perform your job. The initial thing you need to do is make sure you notify your employer of any disability or work restriction and provide a doctor’s note if possible showing that you have a work limitation if any, this will also be important later. Most employers will accommodate a work restriction providing that it does not severely limit your daily duties. If your limitation is severe enough and the employer cannot accommodate you, then you should apply for FMLA (Family Medical Leave Act). Some employers will choose to simply fire the person if they are unable to complete the work for any length of time or are unwilling to make even slight accommodations to allow you to continue working. In many unemployment cases this is a legitimate reason for an employer to fire someone. However many times you will also be able to qualify for unemployment insurance benefits also. This is a case where both parties benefit, and the employer’s tax account is not charged. The other serious issue is that if you notified the employer of your disability this becomes an EEOC (Equal Employment Opportunity Commission). This means that you have been discriminated against by the employer due to your work limitations. This is an issue separate from unemployment and would need to be filed in your states local EEOC office, and the individual state commission that handles discrimination complaints.