Was I wrongly fire and or do qualify for unemployment
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Was I wrongly fire and or do qualify for unemployment
I started having seizures 5 months ago while I slept. I would for a temp agency for another company. That was bringing me on full-time. They had me do a physical and corporate found out about my seizures and denied me going on full-time and let me go from working for them as a temp. I worked there for 8 months. My temp agency refused to find me another assignment until I got a work release. So I went to my primary care to get a work release and she refused due to that she was not a neurologist. She sent me an appointment for as so as she could to see a neroluist. It was a 2 month wait. I applied for unemployment but I keep getting denied. I have see a neurologist that diagnosed me with epilepsy but they don’t know what causes it. They gave me a work release with restricts including not climbing higher then 3 ft and not lifting more then 20 pound or work around or with heavy equipment. I still have not been able to find another job and it has been month with out an income. I got food stamps but I ran out of my saving and lose my place of living and jumping family member to family member trying to get a job. I have call lawyer offices trying to see if I even have a case. However, never get calls back. I need to know if I have a case and what I need to do.
Asked on July 26, 2019 under Employment Labor Law, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Seizures pose a risk of liability to the employer: if you have a seizure and fall and injure yourself, or drop something hurt another person, etc., the employer could be sued. You might also break expensive or valuable equipment, or if operating a vehicle for work, get into an accident, etc. If you did not have a work release, they were not required to find you new assignments, since no employer, including a temp agency, is required to take that risk of liability.
Furthermore, even after you received the release with restrictions, if you could not safely do the core or important parts of any job you applied for or sought or had, they would not be required to employ you: an employer is not required to employ or pay someone who cannot safely do what the job is.
Based on what you have written, it does not appear that any termination was wrongful, if you could not safely do the job(s).
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