Have you or has someone you know been terminated due to disability? Workplaces should uphold fairness. Unfortunately, wrongful termination remains a pervasive issue, leaving affected individuals uncertain about their rights and options.

What Counts as Wrongful Termination?

Disability wrongful termination refers to the wrongful discharge by an employer because of one’s disability. Under the Americans with Disabilities Act (ADA), it is considered discriminatory under the law if an employer discriminates against a disabled employee if the employee is capable of performing the essential functions of the job with or without reasonable accommodations.

If you suspect that you were fired because you are disabled, then part of your wrongful termination due to disability case evaluation would be to determine if the employer violated disability discrimination laws. Employment law provides protections and avenues for legal recourse for wrongful termination to allow a disabled person to compete on a fair basis in the workplace.

Legal Protections for Disabled Employees

The ADA sets the tone for protecting employees with disabilities. The Act prohibits employers who employ more than 15 employees from discriminating on the basis of disability and are required to reasonably accommodate such employees unless the same presents undue hardship. No one should be terminated due to disability.

Not making reasonable accommodations for the disabled employee or a decision of wrongful termination due to disability based on a need for an accommodation may be regarded as a violation. Reasonable accommodations include but are not limited to modifications of schedules, the provision of Braille interpreters, and physical changes to the job location.

It is the employer’s duty under the law to attempt reasonable accommodation with an employee to try and discern their needs to carry out the essential duties of the job. Failure to accommodate an employee or making an employee’s job obsolete after asking for accommodations may be unlawful. Such actions should make disabled individuals seek attorney advice as to whether their rights under ADA have been violated and if they should seek legal recourse for wrongful termination due to disability.

Identifying Disability Discrimination

Disability discrimination comes in many forms and is not limited to being terminated due to disability. The following are some common types of disability discrimination:
  • Failure to Accommodate: Failure or refusal to reasonably accommodate disabled workers in performing their job activities.
  • Workplace Retaliation: Discharge of an employee shortly after disclosure of a disability or a request for accommodation.

If you’ve been fired under such circumstances, it could constitute wrongful termination due to disability.

Employment Law and Disability Rights

Federal and state employment laws shield employees with disabilities from discriminatory practices. The ADA, in addition to the Rehabilitation Act of 1973, prohibits discrimination against people with disabilities in programs and activities that receive federal financial assistance, including hospitals and schools.

Moreover, disability leaves are protected under the Family and Medical Leave Act (FMLA), among other related state programs. Legally, you are supposed to be accorded job protection while you go on leave to manage your condition. If you have been wrongfully terminated upon return from a disability leave, then you might have a great case for legal recourse for wrongful termination due to disability.

Disability leave is historically a common source of conflict. While employees are entitled to take time off to treat their condition, through FMLA or state programs, sometimes employers will respond by terminating the employee upon return from or during their leave. Such an act is unethical and prohibited even under the law.

Actions to Take If Terminated Due to Disability

If you believe you are being fired simply because of a disability, there are some things that you can do right away that can strengthen your case. Here is what you can do:

Gather Evidence

After wrongful termination due to disability, write down, verbatim, any conversations, performance reviews, and other written communication related to your firing.

Seek Legal Advice

An employment lawyer will assess your claim and advise you on how to pursue the wrongful termination claim. Attorney experience is vital to be able to prove that your employer indeed violated disability laws. 

File a Complaint

You can file with the EEOC or with your state’s labor agency. These are agencies that investigate charges of ADA and employment law violations.

Legal Recourse for Wrongful Termination

Taking a legal course of action can hold an employer liable if you have been terminated due to disability. The various legal remedies relating to wrongful termination due to disability may be as follows:
  • Re-instatement: Resuming one’s old job;
  • Damages: Recovery of lost wages and benefits, even damages on account of emotional distress;
  • Punitive damages: Punishing the employer in the case of blatant discrimination.

A lawsuit can make your case serious and might bring systematic changes in workplace policy.

Emotional and Economic Consequences of Wrongful Termination

Being wrongfully terminated is not only a legal issue, but it also has emotional and financial impacts that might be devastating for the employee. Not only are the expert attorneys at Melmed Law here to support you, but so is the law. The law about wrongful termination due to disability enables employees to take their power back, regain losses incurred due to financial constraints, and even regain confidence after being wrongfully terminated due to disability.

Enlisting Legal Help

Experienced employment lawyers guide their clients in filing a claim, present interests on behalf of the claimant, and secure justice. The attorneys who deal with disability discrimination will go through the details of your termination and explain the possibilities you have, helping clients take subsequent steps toward compensation and accountability.

Knowledge about your legal rights and possible avenues for redress will help you seek justice and legal recourse for wrongful termination due to disability. By holding employers accountable, you are protecting yourself as well as continuing to help foster equity in workplaces everywhere. To schedule a free consultation, contact us today.