He's been on the job for a few years , I'm thinking 6 plus IIRC with this company working as a welder (non-Union BTW ). He had a fucked up rotator cuff  that was deemed 'non-work related but repetative motion caused', due to a bone spur under the muscle that basically sawed into the muscle after a few hundred thousand passes while welding. He managed to get some sort of disability pay (through the company I think?) while he was off work for 2 months pre-surgery & recovering, but that ran out  mid-Oct and he went back to work today with a doctors note today saying he was incapable of doing his previous job for another 3 weeks/needed to be on light duty. He was fired on the spot as the company has no light duty postions. I was told 2nd hand he was informed that he would be ineligible for unemployment as this was a firing rather then a layoff. Am I wrong to assume this was actually a layoff due to lack of work he's currently capable of? I know that where I work, everyone gets laid off unless you do something intentionally unsafe/theft/ fighting etc. Only then do people get fired.

you can get unemployment if your fired, especially for some BS like that, he really needs to talk to labor and industries.

Sounds illegal. Even for a rat company.

No matter what...apply for unemployment benefits.  There are a few reason why you still would be eligible for UE if you were terminated.  Most employers don't like for employees to receive UE becuase I believe they have to pay taxes and crap.

One thing to remember, file all the proper paperwork and keep records.  Unemployment is super backed up and it's almost impossible to speak to a representative.  I would suggest to have him document as much as he remembers.  Get all his medical records and if possible, any work related personnel files.  If the UE claim goes before a administrative law judge, it's going to come down to facts.  So documentation is going to come in handy.

Thanks!

My only experiences with improper firings were for asking to be paid prevailaing wage on a prevailing wage job rather then the $10 less an hour I was getting paid ( they had the balls to dispute my unemployment claim as well), and my ex was fired over going to the doctor for a work related injury after being told to go home and rest instead of going to the doctor.

WA is an "at will" state and I'm okay with that, but this whole "you're fired = no unemployment "thing is dumb.

i've been in management for years and have dealt with plenty of unemployment cases..this one is an easy slam dunk for your fil...he'll get it...

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sdgag

IM sent. My lawyer kicks ass. It's illegal to fire somebody in Washington state for an L&I claim.

This. They will only deny benefits if the company can show cause for the firing. ie. he had to be a total screwup with documented problems. Have him file for unemployment and they will ask him to explain the situation. Good luck to him.

He'll be fine (UE, that is). I know you told him this wouldn't have happened if he wasn't a rat bastard.