If being laid off due to having to have surgery, can you draw unemployment till you get another job?

Question

My friend has to have hip replacement sugery in December. Her boss was informed early last month. He has said that as of the day of her leave for the sugery she no longer has a job. Would she be able to get unemployment in the state of Illinois from the date of fire till she gets another job?

Answer 1

Title I and Title V of the Americans with Disabilities Act of 1990 (ADA), prohibits employment discrimination against qualified individuals with disabilities in the private sector, and in state and local governments.
http://www.eeoc.gov/facts/qanda.html

Should she need it, your friend can apply for Illinois unemployment benefits here:
https://ides1.cmcf.state.il.us/File4UI/Benefits/profile/viewWelcomeStart.do;jsessionid=0001sYzgXhPmCxXkdPYbj5wGDsg:10hhdl4iq

Some FAQs about Illinois unemployment benefits:
https://ides1.cmcf.state.il.us/File4UI/Benefits/profile/viewFrequentlyAskedQuestionsStart.do

Help in preparing an appeal:
http://www.ides.state.il.us/employer/general/1appeal.asp

Download IDES publications here:
http://www.ides.state.il.us/publications/default.asp

Hope these help.

Answer 2

You can not be fired because of a medical problem. Tell her to get legal advise (first consultation is free with any lawer). This could be very big money for her.

She can not get employment payments if she is not able to work.

If she is fired on the day she leaves work it cuts her insurance and she will have to pay for it all out of her pocket. She should be able to get 60% of her pay for short term disability starting one week after she misses her first day of work.

So my first stop would be at her lawyers office this coming Monday morning.

Answer 3

I don't know about the law in Illinois but in CA it is illegal to lay someone off because of surgery. What kind of a**hole company is this? Have your friend call the labor board and the unemployment board to find out her rights. I would also call a labor lawyer to see if this company can be sued. Good Luck!

Answer 4

I think she'd have a good case to file a lawsuit, although it is not illegal for her employer to fire her, she'd have to talk to a good lawyer, each state has it own laws. As far as unemployment goes, she may be entitled to something during her recovery, but again each state is different.

Answer 5

~~~I do believe that it is against the law to lay off or fire someone knowing they will be taking a leave of absence do to medical reasons. If your friend is still employed with this company, I suggest they go to their human resorce dept and let them know what is going on,,,,,if she gets laid off,,,,she will lose her health insurance and then get stuck with the huge hospital bill,,,,please tell her she cant get laid off or fired because she told her boss she needs time off for surgery,,,,,if she does,,,,she needs to seek legal advice,,,,,,sue her employer if they do that to her!

Answer 6

I believe that this is against Federal Law. I would check into it. The Federal Disabilities Act. Look it up! Your friend may have legal recourse.

Answer 7

Check with your local employment office -- they will be very helpful in answering your questions, or at least, directing you to the right place.
It all depends on how long she had the job and put money into unemployment. Please try the employment office -- I'm not steering you wrong here.

Answer 8

No, because you have to be "ready to work if called" in order to draw unemployment. At least in PA and I'm sure everywhere else.
Maybe can collect welfare and/or food stamps.

Answer 9

no, but you can sue. she's got federal protection