In one of my first cases when I was a lawyer, an employer fired a woman who was recovering from breast cancer for nonperformance. She left the workplace quietly with no indication of a desire to sue.
She filed for unemployment benefits. The company vigorously contested her claim.
The matter went to hearing. In an effort to meet the state-law definition of “misconduct,” company management and HR laid it on thick, citing justifications for termination beyond nonperformance.
