CouldI get unemployment if I’m fired due to medical restrictions?
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CouldI get unemployment if I’m fired due to medical restrictions?
I currently work for a temp agency and have worked at the current assignment for 3 months. I went to my doctor with pain in my feet and he’s told me that I need to limit how much I stand or walk and gave me a note to turn into work with restrictions.If they terminate my assignment due to the restrictions and the temp agency doesn’t have any work at the moment that I’m able to do, would I qualify for unemployment? I’m still willing to work but with the restrictions posed by my doctor.
Asked on January 6, 2012 under Employment Labor Law, Missouri
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
This is a sticky situation. When you work for a temp agency, your employer is the temp agency, not the different companies to which you would be assigned. Ultimately, you need to review your contract with the temp agency and see what it discusses regarding disability issues, temporary restrictions and the like. If you work for a company for a certain period of time, you would technically qualify for some form of disability if this is what you signed up for, you are a W2 employee and not simply an independent contractor. If the temp agency offers you to a contracting entity as a candidate but you cannot do the job, then that is not an issue for the contracting company and you would again need to defer to your rights under the agreement you signed and state labor laws in general.
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