While it’s an unfortunate reality, most workers come down with an illness or injury that requires them to take time off from work. Perhaps they were in an accident, or they developed a health condition common among the elderly. Regardless of the reason, these workers can sometimes be fired while they are taking leave to focus on a disability or another serious health issues.
If you were fired during medical leave, you may have the option of filing a lawsuit against your employer. Based on your experience, your employer may be sued for compensation, which we can help you obtain.
Of course, taking legal action after a wrongful termination is a big decision. That’s why it’s essential to contact our law firm as soon as possible. By learning about your rights and the available legal options, you can make an informed choice on how to move forward after losing your job during disability leave. If you would like to schedule a free case review, don’t hesitate to give us a call.
Your Right to Take Disability Leave
Employees who are diagnosed with a disability or another qualifying medical condition could be entitled to unpaid, job-protected leave. This time off from work without fear of losing your job is guaranteed under federal and state laws. The federal government provides employees with unpaid long-term leave under the Family and Medical Leave Act. Per the state of California, you may be eligible for up to 12 weeks of leave for a medical reason, including maternity leave, or to take care of a family member that is seriously ill.
Your employer is required by law to hold your position open until you return to work. Alternatively, they must assign you to a position that’s of similar rank, pay, etc., once you are able to resume working. As someone who was told they were fired during disability leave, you may have grounds to file a wrongful termination lawsuit.
Is it Illegal for My Employer to Fire Me if I am on Disability Leave?
This is an important question, as there are cases where termination of employment is legal, even while you are taking leave time that you are entitled to by law. For one thing, both the FMLA and CFRA allow 12 weeks of leave within a 12 month period. So, if you need more time away from work, that would give your employer the right to find someone else to replace you. Poor work performance is another legitimate reason to fire someone, with or without notice, at any point in their employment.
It is absolutely possible that the decision to terminate someone happens to coincide with their need for medical leave, but this isn’t necessarily a legal violation by the employer. What you, as the employee, must prove is that the termination was based on the fact that you are disabled, you needed extended medical leave, and other reasons that constitute disability discrimination. If you suspect that your termination was illegal, our lawyers are here to speak with you 24 hours a day, 7 days a week.
My Employer Fired Me – What are My Rights?
You just receive a termination notice from your employer – now what? Do you have the right to fight back against what you believe is a wrongful termination? Yes, you may be eligible for a discrimination complaint against your employer if they took away your job while you were out on disability leave. You could also file a claim against your employer if you were fired after asking for disability leave, once you came back from leave, or because you asked for disability accommodations at your job site.
It’s crucial that you familiarize yourself with the laws that protect you, along with the agencies that enforce the laws. At the state level, employment laws are enforced by the Department of Fair Employment and Housing (DFEH). You can also report workplace discrimination to the federal government’s Equal Employment Opportunity Commission (EEOC). Based on the nature of your claim, you may need to file a complaint with one or both agencies.
Many people come to us with questions about how to file a lawsuit for disability discrimination against their employer. Please note that you must obtain permission to file an employment lawsuit from either the EEOC or the DFEH. You can only do this by filing a claim and allowing the agency to conduct an investigation. Afterwards, they will provide you a Right to Sue notice if they find there is sufficient reason to go ahead with a lawsuit.
Can I Ask for Compensation?
If your employer fired you because of a reason that’s directly linked to your disability, can you sue for monetary damages? What are the payments you can demand in a lawsuit for losing your job while you were out on disability leave? Compensatory damages from a wrongful termination lawsuit may include the following:
- Lost wages – aside from your salary / hourly wages, you can seek other forms of income, like unpaid commissions and bonuses.
- Lost job benefits – the benefits tied to your employment also have economic value. If you were wrongfully terminated, you may qualify to receive compensation for loss of health / life insurance, sick and vacation days, retirement contributions, and other benefits.
- Pain and suffering – compensation in the form of non-economic damages for the psychological distress caused by discrimination and retaliation.
- Punitive damage – additional payment awarded by a jury in court trials where it’s found that the employer’s actions were exceptionally negligent or malicious.
An employment rights violation lawyer can go over these categories of payments and verify which ones you can recover in a disability discrimination lawsuit. With extensive experience in wrongful termination cases in the state of California, you can count on us to fight for the maximum amount and ensure that you have the needed funds to move forward with your life.
Do I Need a Wrongful Termination Lawyer?
Technically, anyone can choose to represent themselves in a legal proceeding, whether you are defending yourself against criminal charges or suing someone that caused you monetary losses. The better question is: how can you benefit from working with an experienced workplace discrimination lawyer?
There are many ways that legal representation can help you and improve your chances of a successful outcome if you choose to go ahead with a lawsuit. For one thing, discrimination lawsuits against employers are more complicated than a standard compensation claim. The steps you need to take, along with the associated deadlines, are not easy to manage when you are trying to find a new job, undergo medical treatments, and take care of your family. It’s quite common for those representing themselves to make mistakes, file the wrong paperwork, and struggle to locate evidence they need for a claim.
By contacting our law firm, you will be connected with a labor law attorney who can take care of these issues in a timely and efficient manner. Our legal experts have decades of experience in cases of employment rights violations, including termination of employment and other acts of discrimination against disabled employees. We are ready to handle every aspect of your case and ensure that you receive the highest possible payout from a wrongful termination lawsuit.
Legal Services for $0 Out of Pocket
The employment lawyers at our office are dedicated to you and other workers who are entitled to disability protections in the workplace. Sadly, many employers view these individuals as burdens and annoyances, and there is a concerted effort to drive them out. This is known as disability discrimination, and victims deserve compensation for the harm they suffered.
Here at California Labor Law Employment Attorneys Group, we have the experience, commitment, and resources to see your case through from start to finish. We also strive to protect your finances with the Zero Fee Guarantee. With this policy, you will never have to worry about paying for an employment lawyer to represent you. All payments owed to us will come out of your settlement check, meaning we must win your case in order to get paid.
By now, we hope you are ready to discuss your rights and legal options with a disability discrimination lawsuit attorney. Please get in touch with us 24 hours a day, 7 days a week to receive a free, private consultation.
