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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20292
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Customer Question

If your employer switches you to a different job in the company. One that they know you can't do. So they can set you up for failure and then fire you. Can you still get unemployment? The job required me to be CompTia A+ Certified.   I wasn't and I failed at doing the job, is this legal?
Submitted: 7 years ago.
Category: Employment Law
Expert:  Marsha411JD replied 7 years ago.

As long as you haven't been terminated for serious misconduct, assuming that you otherwise qualify, you will be entitled to received unemployment compensation. As far as the termination itself goes, as long as you are not working pursuant to a contract or company policy that requires warnings prior to termination, you are an employee at will. As an employee at will you can be terminated for any, or no, reason as long as it does not violate antidiscrimination employment laws.