Were you recently let go from your job, and you have reason to suspect that it was based on the fact that you are diabetic? This is a possibility if your employer began to treat you differently when they found out about your medical condition. Eventually, you were terminated from your job, even though you did not violate company polices and your work performance was satisfactory. Unfortunately, discrimination based on a physical or mental health condition is very common in California workplaces. Workers in this situation may have ground to file a wrongful termination lawsuit against their former employer.
Would you like more information on your right to take legal actions if you were wrongfully terminated? If so, don’t hesitate to contact the lawyers of California Labor Law Employment Attorneys Group. We have a team of legal experts who are ready to advise you of your rights and help you plan the right course of action. We look forward to hearing from you and ensuring that your employer does not get away with firing you because of your medical condition.
How Diabetes Affects Your Employment
Diabetes is quite manageable in most patients, meaning it does not hinder their ability to perform their job duties. However, diabetes that is uncontrolled by medication and other treatments can result in serious problems for you and others at your job. Those with Type 2 diabetes can have hypoglycemic episodes, which result in low blood sugar. As a result, you may become weak all of a sudden and even lose consciousness.
This is a concern at workplaces where you are working with dangerous equipment and tools. Or, you may have a job that requires you to handle toxic chemicals and other hazardous conditions, where being alert and seeing a job through from start to finish is essential to other people’s safety. So, if your diabetes is not properly managed, you may be considered a safety risk to yourself, your coworkers, and perhaps the general public.
This is why your workplace may require a medical assessment as proof of your condition and how it can impact your job performance. In some cases, the worker’s illness can make them a direct threat based on the type of work they do, so terminating the worker may be legal. But this is fairly rare, and most workers with diabetes do not put themselves and others at risk, meaning that an employer cannot fire you simply on the basis that you are diagnosed with diabetes.
Wrongful Termination Based on Discrimination against a Medical Condition
Diabetes and other medical conditions may compromise someone’s ability to do their job. However, most employers can make accommodations for the employee, which will help them with essential job functions. In addition, employees with serious medical conditions may be eligible for up to 12 weeks of leave under the Family and Medical Leave Act or the California Family Rights Act. Firing an employee for taking qualified leave time or asking for reasonable accommodations is under federal and state laws.
In spite of legal protections for workers, it is quite common for employers to treat workers unfairly when they find out about a medical condition. Were you recently demoted from your position at work? Did you lose your job or experience a reduction in pay or work hours? Are you being denied work opportunities like bonuses and promotions? These are examples of discrimination in the workplace, and many people go through weeks, months, and even years of discriminatory treatment before they are eventually fired.
As someone with diabetes, you are protected from wrongful termination by various laws, including California’s Fair Employment and Housing Act. Depending on the severity of your symptoms, you may also be protected by the federal government’s Americans with Disabilities Act (ADA).
Diabetes discrimination can happen in any employment setting, whether you work at a construction site or in an office. Employers must ensure that they have a legal basis for taking away your employment, and you have the right to pursue a wrongful termination claim if your civil rights were violated.
Actions You can Take after a Wrongful Termination
Laws may exist to protect you from wrongful termination, but what are the steps you can take if you lost your job? Many people have no idea what to do in this situation, and there is no denying that the legal process for a workplace discrimination case is very complicated. With conditions like diabetes, most people can show that they are actively managing the disease. Or, they can perform all the essential duties of their job with reasonable accommodations. Under these circumstances, your employer cannot fire you solely on the basis that you are diagnosed with diabetes.
If you were terminated and believe that your employer infringed on your employment rights, here are the options that may be available to you:
- Filing a discrimination leading to wrongful termination claim with the Equal Employment Opportunity Commission (EEOC)
- Filing a discrimination claim at the state level with the California Civil Rights Department (CRD)
- Filing a wrongful termination lawsuit against your employer
Please make sure to discuss each of these options with a disability discrimination attorney. There are many facets to an employment lawsuit that you may be unaware of. For example, you must file a state or federal agency claim and receive a Right to Sue letter before you can proceed with a lawsuit for illegal termination.
Contact a Los Angeles Employment Attorney
Employment rights are a complex area of law, but there is no denying that you have legal protections against unfair and biased treatment at your job. Those with serious medical conditions are often disregarded by employers and taken advantage of in various ways. You do not have to put up with this type of treatment, nor should you stay silent when you are illegally terminated from your job.
The legal team of California Labor Law Employment Attorneys Group is ready to fight for you and the compensation you deserve. We are also prepared to represent you on contingency and wait to deduct legal fees from the settlement you receive at the end of your lawsuit. What happens if we fail to win your case? Since you are protected by the Zero Fee Guarantee from one, you owe us $0 and walk away without spending a penny.
If you’re ready to explore your rights and legal options with one of our legal experts, please take a moment to schedule a free case review.
