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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I was recently fired. Can I apply for unemployment benefits?

Customer Question

I was recently fired. Can I apply for unemployment benefits? I have a judgment from a previous claim from 2 years ago that was judged against me. I have been meeting the payments each month for the previous claim. I was told that if I have a claim already filed against me (I quit due to hostile working environment and was hospitalized and on medication) and could not hire a lawyer to fight for me at that time. I was told at that time I should have gone out on temporary/permanent disability, but because I quit I would not be qualified to collect disability. Now I have been fired because of being too slow. Can I open up a second claim for unemployemt?
Is disability a possibility since I am on medication and cannot work?
JA: Was the termination for alleged misconduct? Are you able and willing to start working immediately, and actively looking for work?
Customer: I am willing and able to look for work. I am a CNA/Home Health Aid. I applied three weeks ago at Heritage Assisted Living to work as a CNA. The chef in the kitchen hired me to work as a cook, even though I said I had no previous facility kitchen experience. He said he wanted to see if I could "pick it up". I tried to the best of my ability. Today he called me and said not to come back to work that I was too slow and would be better as a CNA or a kitchen helper. He said I was dependable, etc but he hired two new cooks and couldn't afford to keep me on. My nerves are very bad now and I am afraid I may be hospitalized again for anxiety related stress. I am on medication. Could I be qualified for disability or unemployment benefits?
JA: Has anything been filed or reported?
Customer: No, I was just fired two hours ago and I have been crying.
JA: Anything else you want the lawyer to know before I connect you?
Customer: I worked as a CHHA at an elderly ladie's home for over a year in between my hospitalization and this recent job. I quit last month because of "burn out" as I worked night and day 7 days a week and the lady began to decline further by singing and playing religious music continuously until I could not work under those conditions. I told the agency if they could find me another position and when they weren't able to, I quit and looked to work as a
Submitted: 3 months ago.
Category: Employment Law
Expert:  JBaxLaw replied 3 months ago.

What state are you in?

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