Simone Lawson
Wrongful termination due to medical disability is prohibited in California. If an employee has been unlawfully terminated because of a medical condition, they can recover lost wages and be compensated for mental anguish. California's anti-discrimination law, the Fair Employment and Housing Act (FEHA), prohibits discrimination based on a disability and protects workers with a medical condition from being fired, unless the worker cannot perform the essential duties of the job, even with reasonable accommodation. If an employee has been fired while on medical leave, they may be able to sue their employer for wrongful termination, depending on the reason for termination.
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What You'll Learn
Termination while on medical leave
In California, it is illegal for an employer to terminate an employee's contract based on their medical condition or because they are on medical leave. This is considered wrongful termination and is prohibited under the Fair Employment and Housing Act (FEHA). FEHA also prohibits workplace discrimination based on an employee's medical condition or disability.
If an employee is terminated while on medical leave, they may have grounds for a lawsuit, depending on the reason for their termination. An employer can fire an employee on medical leave as long as the reason is not based solely on their medical condition or as retaliation for taking medical leave. For example, an employer may terminate an employee on medical leave if there is no longer a need for their position, or if their return constitutes a substantial financial burden.
To recover damages for wrongful termination, an employee must show that they suffered from a medical condition and faced an adverse employment action as a result. If liability for wrongful termination is successfully established, damages may include past and future lost wages, benefits, emotional distress, and out-of-pocket costs. In cases of egregious wrongdoing by the employer, punitive damages may also be awarded.
It is important to note that employees must request reasonable accommodations in good faith, and employers are required to engage in good faith to provide these accommodations, unless doing so poses an undue hardship. Reasonable accommodations can include modified work schedules, job restructuring, or allowing for a leave of absence.
If you believe you have been wrongfully terminated due to a medical disability or while on medical leave, it is advisable to consult with an attorney to discuss your options and determine if you have grounds for a lawsuit.
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Discrimination based on disability
Discrimination against employees with disabilities is prohibited in California. Both the federal Americans with Disabilities Act (ADA) and California law prohibit discrimination based on disability. The Fair Employment and Housing Act (FEHA) is California's anti-discrimination law, and it covers employers with at least five employees. FEHA prohibits discrimination based on disability, including adverse employment actions such as failure to hire, demotion, or termination.
If an employee has been unlawfully terminated because of their disability, they can recover lost wages and be compensated for mental anguish. They may also be able to recover punitive damages from their employer if the employer acted egregiously. To recover damages, the employee's attorney must show that they suffered from a medical condition and faced an adverse employment action because of it.
It is important to note that employers in California cannot discriminate against or fire employees with disabilities or medical conditions solely because of their condition. Employers are required to provide reasonable accommodations for employees with disabilities, unless doing so poses an undue hardship. Reasonable accommodations can include changes to the facilities, work schedule, or other aspects of the job that allow the employee to perform their required tasks.
If an employee believes they have been wrongfully terminated due to their disability, they should consult an attorney to discuss their options. California imposes a time limit on wrongful termination claims, so it is important to act promptly.
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Failure to provide reasonable accommodation
In California, it is illegal for an employer to discriminate against an employee due to their mental or physical disability. This means that employers must provide "reasonable accommodations" for employees with disabilities who are unable to perform the essential functions of their job.
Reasonable accommodation can include changes to the work environment, structure, job duties, or policies that allow a worker with a disability to perform their job. For example, this could include the acquisition of new equipment or allowing assistive animals in the workplace. It also includes medical leave for treatment or recovery, including extensions of existing leave.
If an employee has been terminated because of their disability, they may be able to recover lost wages and be compensated for mental anguish. If an employer refuses to implement a reasonable accommodation that does not create an undue hardship, the employee has the right to file a disability discrimination lawsuit.
To prove failure to accommodate, an employee must show that they can continue to perform their essential job duties with or without a reasonable accommodation. An employer must initiate an interactive process with good faith intentions to accommodate the employee, working with them to find a suitable solution. An employee can request a reasonable accommodation verbally or in writing, although it is recommended to submit the request in writing.
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Retaliation for taking medical leave
In California, it is unlawful for employers to discriminate against or terminate employees for taking medical leave. This is considered retaliation, which is prohibited under the California Family Rights Act (CFRA) and the Family and Medical Leave Act (FMLA). These laws apply to employers with 50 or more employees, requiring them to provide leave for workers facing serious health issues or needing to care for family members. Employees are protected from adverse consequences, such as demotion, pay reduction, or negative performance reviews upon their return from medical leave.
Additionally, California laws like the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA) offer broader protections for workers with medical conditions or disabilities. FEHA makes it illegal for employers to terminate employees based on their medical condition, unless they cannot perform essential job duties, even with reasonable accommodations. Reasonable accommodations may include changes to facilities, work schedules, or other job aspects.
To safeguard their rights, employees should understand their protections under CFRA, FMLA, and other California-specific laws. They should notify their employer as early as possible, provide relevant medical documentation, and keep records of all communications regarding their leave. If employees suspect retaliation or wrongful termination, they are advised to consult employment attorneys to explore legal options and build a case for wrongful termination.
It is important to note that while California laws strongly protect employees' rights during medical leave, certain exceptions and limitations exist. Employers can still terminate employees for valid reasons unrelated to their leave, such as misconduct or company-wide layoffs. Therefore, understanding the details and exceptions to these laws is crucial for employees.
In summary, retaliation for taking medical leave is prohibited in California, and employees have legal recourse if they experience such treatment. The state's laws aim to protect employees facing medical challenges and ensure they can take necessary leave without fearing negative repercussions. By understanding their rights and seeking legal advice when needed, employees can safeguard their jobs and well-being during challenging times.
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Violation of anti-discrimination laws
In California, it is illegal for an employer to terminate employment based on a physical or mental disability, health, or medical condition. Both federal and state laws prohibit discrimination in California workplaces. The Fair Employment and Housing Act (FEHA) is California's anti-discrimination law, and if an employee is terminated in violation of FEHA, they may be able to bring a wrongful termination lawsuit. FEHA covers employers with at least five employees and prohibits discrimination based on disability, among other protected characteristics.
The federal law called the Americans with Disabilities Act (ADA) also offers some protection for people with medical conditions. FEHA is generally more accommodating than the ADA because it uses broader definitions. Thus, even if someone does not qualify for protection under the ADA, they may qualify under FEHA. Under the ADA, employees may have a basis to recover damages if their employer has a minimum of 15 employees, and they can show that their medical condition meets the definition of a disability set forth under the ADA and that they were terminated because of it.
The California Department of Public Health estimates that, as of 2012, more than 1.2 million Californians have a history of cancer, and 144,800 people in California were diagnosed with cancer that year. Therefore, it is crucial that California law protects people with medical conditions from unfair treatment at work. FEHA protects workers with a medical condition from being fired, unless the worker cannot perform the essential duties of the job, even with reasonable accommodations. Reasonable accommodations could include changes to facilities, work schedules, or other job aspects that allow the worker to perform their required tasks.
It is important to note that employers in California are prohibited from terminating employees simply because they are on medical leave. However, there are legitimate reasons for termination while on medical leave, such as performance issues before the leave, the employee being part of a large layoff, or the employee's return to work constituting a substantial financial burden to the employer. If an employee has been unlawfully terminated because of a medical condition, they may be able to recover lost wages and compensation for mental anguish.
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Frequently asked questions
Wrongful termination for medical disability in California occurs when an employer terminates an employee's employment based on their medical condition or disability, rather than performance-related reasons.
A physical disability is defined by the Fair Employment and Housing Act (FEHA) as any anatomical loss, condition, physiological disease, cosmetic disfigurement, or disorder that affects one or more bodily systems and restricts a major life activity.
If you suspect wrongful termination, you should consult an attorney as soon as possible. To recover damages, your attorney will need to prove that you suffered from a medical condition and faced an adverse employment action because of it.
Legitimate reasons for termination while on medical leave include the worker having had performance issues before medical leave, no longer needing the terminated employee's position, the worker being fired as part of a large layoff, or the employee's return constituting a substantial financial burden to the employer.
