Termination after Disability

If an employee becomes disabled during his or her career or reveals a disability after getting hired, the employer has a legal obligation to provide reasonable accommodations.  However, if an employee is fired after becoming disabled, this may be wrongful termination. Any termination of a protected class of employee is illegal. Disabled employees with physical or mental challenges are protected under the Americans with Disabilities Act (ADA).

Federal law prohibits discrimination in the workplace against people with disabilities regardless of whether it's a temporary or permanent disability. Terminating disabled employees is illegal if the company has 15 or more employees. For disabled employees at companies with fewer than 15 people, state laws may offer some protections against termination.

Of course, any employee with a poor job performance can be fired, but it's unlawful to discriminate or terminate an employee based solely on a disability. It's also illegal to make any employment decisions such as pay, benefits, or promotions based on an employee’s disability.

The law protects disabled employees from being fired in several circumstances that can occur in the workplace. If you were fired in any of the following situations, you may have a case for discriminatory termination.

  • fired for requestingreasonable accommodations
  • fired after revealing a disability
  • manager assumes employees are unable to do the job based on stereotypes about a disability
  • denied request for reasonable accommodations
  • manager or co-workers made offensive or derogatory remarks about your disability

If you have been  fired or treated unfairly due to your disability, you have options. You need to speak to an attorney who has experience handling these types of matters. The attorney’s at Yarian and associates, have the knowledge and experience to help you with your employment law matter. We have helped many disabled employees who have been treated unfairly get the compensation they deserve. Call our office today to set up a free consultation.   

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