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Is there a difference between disciplinary versus non-disciplinary termination when applying for unemployment?

I worked for my company and requested workplace accommodations. The employer denied them all and put me on paid leave to apply for other positions. I was interviewed but did not receive any job offers.

Later they offered me a small severance and asked that I sign a release of claims form if I resign. I declined and applied for unemployment since I was fired. My concern is that my former company has told the unemployment office that I was fired for performance, but all of my correspondence says non-disciplinary separation, incapacity. Will I be allowed to collect unemployment? How should I proceed when the company has already lied to the unemployment office about my termination?

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    Please add a country tag. Since you can only add 5, I recommend removing "leave" since that talks about time off. – John Jul 26 '19 at 3:06
  • What do you mean by "from a HR perspective"? You mean in terms of paperwork they have to fill out? – Gregory Currie Jul 26 '19 at 3:13
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    I read this several times and I can’t figure out how the two paragraphs are related. What does the first part have to do with the question? – Ernest Friedman-Hill Jul 26 '19 at 4:24
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    I have problems understanding your question. Please tag it with a country. Make sure you don't use abbreviations that might be confusing for non-native speakers, like "r'cd". Maybe explain what you mean by separation notice. In the countries I know, you don't get to negotiate the terms on which you are fired, at least not if it's for cause. – nvoigt Jul 26 '19 at 5:32
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    This question has been substantially improved since it was originally asked. Good time for a Reopen? – Southpaw Hare Jul 29 '19 at 3:38
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You're probably going to have to go talk with your state employment commission (the people who administer unemployment compensation) about it.

From your description, your former employer appears to have told you that you couldn't do the job (incapacity) because they couldn't provide the requested accommodations, and they couldn't match you up with a job you could do.

If that's what they told the employment commission, you should be golden.

If they told the unemployment commission something else, they are likely to find themselves in a great deal of trouble. State employment commissions tend to take a VERY dim view of employer shenanigans.

Hopefully, you kept copies of the paperwork where you requested the accommodations and they denied them. These would likely argue VERY strongly in your favor.

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  • Thank you very information John. I did keep track of all the documents. They are also pulling shenanigans because one minute they tell me I am terminated and that I will no longer be paid and the next minute they say you are still on payroll to receive your benefits and are on paid leave. This has happened twice. The issue is that I applied for other positions, some of which I done in the past in title and the company refused to hire me. – philofthefuture Jul 31 '19 at 21:33
  • Go talk with the employment commission. NOW. TAKE THE PAPERWORK WITH YOU. – John R. Strohm Aug 1 '19 at 2:22
  • One more thing. Are you (a) still receiving paychecks AND (b) NOT going in to work every day? If BOTH of these are true, then you are on paid leave. If you are not receiving paychecks, then you have been terminated. If you are receiving paychecks and going in to work every day, then you are still a normal status employee. Seriously, you NEED to talk with your state's Employment Commission, AS SOON AS POSSIBLE. – John R. Strohm Sep 13 '19 at 10:40

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