Terminating an employee due to their medical condition can be a complex and sensitive matter and the circ*mstances surrounding medical condition discrimination generally looks different for each case. If the employer is found at fault, they could be guilty of wrongful termination.
There are certain federal and state laws that protect employees.
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against workers with medical conditions.
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons, including the employee’s own serious health condition. Employers covered by the FMLA are generally prohibited from terminating an employee for taking FMLA leave.
If you feel you may have experienced workplace discrimination because of your medical condition, if you feel you were not legally terminated due to your health issues, or believe other federal laws were breached because of employment discrimination, it is best to speak to an employment lawyer. Call Lawyers for Justice, PC today for a free consultation at (844) 569-1702.
Can You Get Fired For Medical Reasons? – FAQ
can you be fired while on FMLA? It is illegal for an employer in California to terminate your employment because you took a medical leave under the Family Rights Act. Firing you for using that medical leave may be grounds for a wrongful termination lawsuit.
can you be fired while on disability? Employers cannot terminate employees solely based on their disability. However, employers may fire a disabled employee for a legitimate reason (if they do not perform their job duties adequately, if they show poor performance at work) especially if they are in an at-will employment state, like California.
how long does an employer have to hold a job for someone on disability in california? California employers may have a different approach to holding jobs in each different workplace setting. However, employment laws under the ADA state that an employee on disability may take job-protected leave for up to 12 weeks.
how long after FMLA can you be fired? Typically, covered employees under FMLA cannot be fired. However, if they exhibit poor job performance or are unable to return to work after the 12-week period, their employer can lawfully terminate them.
can you be fired while on short-term disability? Your employer usually would not tell you that you are being fired due to temporary disability, because admitting that would implicate them in firing you illegally. Instead, an employer might come up with an excuse for firing you, like poor job performance, even though in reality you were fired due to temporary disability.
can you be terminated while on medical leave? It’s illegal for a California employer to terminate workers because they took medical leave under the Family Rights Act. Firing employees for using that medical leave could result in a wrongful termination lawsuit.
can you get fired for medical reasons? If you believe you experienced wrongful termination due to a medical condition you possess that was in violation of state of federal laws, reach out to Lawyers for Justice, PC today for a free consultation.
can i be fired if my FMLA runs out? Once an employee’s FMLA leave has expired, their job protection under FMLA no longer applies.
can i be fired if i don’t qualify for FMLA? If an employee is not eligible for FMLA leave, they technically could be fired for missing too much work. As such, their employer isn’t required to give them their job back or continue to provide them with health benefits.
can you be terminated while under doctors care? An employer cannot terminate workers because of their medical condition or because they take medical leave. However, if the reason for firing has nothing to do with the injury, medical condition, or medical leave, the firing may be legal.
FAQs
Insubordination and related issues such as dishonesty or breaking company rules. Attendance issues, such as frequent absences or chronic tardiness. Theft or other criminal behavior including revealing trade secrets. Sexual harassment and other discriminatory behavior in the workplace.
Is it hard to prove termination with cause? ›
Under California and federal employment law, proving a wrongful termination case is not easy. It requires thorough investigation and evidence to support the employee's claim. Note: The burden of proof is on the employee to prove that the termination was wrongful and that he or she suffered damages as a result.
How do you prove just cause for termination? ›
The conduct claimed by the employer to be cause must be: fundamentally inconsistent with the employee's obligations to the employer; or. substantially prejudicial to the employer's business such that the employee's conduct causes damage to the employer's business or reputation or causes harm to the employer's customers ...
How do you challenge wrongful termination? ›
Begin the process by filing a complaint with the CRD. You can do this online, by mail, or by calling the CRD's Communication Center at 1-800-884-1684. The complaint should detail the circ*mstances of your termination and the grounds for your wrongful termination claim.
How to answer reason for termination? ›
These are some steps you can follow to explain a termination:
- Be honest. Always be honest about your termination from a previous position. ...
- Keep it simple. ...
- Remain positive. ...
- Demonstrate personal growth. ...
- Promote your skills and experience. ...
- Emphasize your positive qualities.
Employees terminated by an employer have legal rights under federal law. An employee must receive a final paycheck within a certain time frame. They also must have the option of continuing health insurance coverage. They may be eligible for severance pay and unemployment compensation benefits.
Can HR fire you without proof? ›
California Is an “At-Will” State
California obeys “at-will” employment laws. This means that all employers have the right to terminate employees at will, for almost any reason, or for no reason at all. This does not, however, mean that an employer can fire someone out of discrimination, harassment, or retaliation.
What is the difference between fired and fired for cause? ›
Conversely, being fired with cause means the employee committed a serious breach of conduct in their workplace, which led to their termination. Legally acceptable examples of being fired without cause: A company that needs to downsize its workforce due to financial problems.
What is the standard termination for cause? ›
Termination for cause is the dismissal of an employee for a satisfactory reason. An employee may be fired for various reasons that may include misconduct, fraud and disclosure of confidential information.
What can you not be fired for? ›
Federal law makes it illegal for most employers to fire an employee because of the employee's race, gender, national origin, disability, religion, genetic information, or age (if the person is at least 40 years old).
Federal law doesn't prohibit employers from sharing the reasons for terminating an employee. Some state laws regulate what employers can say about former employees. Check with your state's labor department for restrictions in your location.
What is an example of termination for good cause? ›
For example, an employee who lied on his job application about workers' compensation history can be terminated for good cause. Similarly, an employee who, without permission, temporarily removes company property from company premises for personal use can be terminated for good cause.
Which example would most likely result in a wrongful termination? ›
Firing an employee for taking legally permitted time off of work. By law, employees are permitted to take time off of work for medical leave, military obligations and certain other reasons. When employees exercise this right and end up being fired as a result by their employers, they can sue for wrongful termination.
How do I defend myself against wrongful termination? ›
How do I defend myself against wrongful termination? To fight back against unfair firing, gather all your job performance records, note any discriminatory behavior, and consult with an employment attorney.
How do you respond to an unfair termination? ›
Seek legal counsel if your employer wrongfully fired you for a reason not under state or federal law. Before you sue your employer for discrimination, you must file a report with the Equal Employment Opportunity Commission (EEOC).
What is a valid reason for termination of employment? ›
There are many reasons you might fire someone, including business considerations like layoffs or downsizing or performance issues (poor performance). You may also fire someone for reasons that violate the law or company policy, like embezzlement, insubordination, or discrimination.
What is good cause for termination of agreement? ›
Good cause may be an act of insubordination or failure to follow a clear and reasonable order of the employer, failure to follow the reasonable rules of the employer, dishonesty on the job, obtaining the job under false pretenses, conduct toward fellow employees that interfered with the employer's business, failure to ...
What is the good reason termination clause? ›
For an employee to terminate the employment relationship with good reason, the employer must have taken action that result in a material negative change in the duties the employee performs, the conditions under which the employee provides services or the employee's compensation.
