Mental Disability Termination

Mental disability discrimination in the workplace occurs when a person is treated less favorably because of his or her mental disability, perceived mental disability, or association with a person with a mental disability. According to both federal and state law, it is illegal in California for employers to discriminate because an employee or applicant has a disability. Despite the fact that such discrimination has been against the law for decades, it continues to take place in the workplace. In some instances an applicant is not hired because of his or her disability while in other cases an employee is discharged because of his or her disability. If an employee is discharged because of his or her disability, then the termination would have been a wrongful termination in violation of the law. If you are in need of an employment lawyer because you believe you were wrongfully terminated due to your mental disability, it is important that you immediately contact an experienced Los Angeles Mental Disability Termination Lawyer who will make sure your employer is held accountable for violating the law.

Under both federal and state law, an employee cannot be fired solely because he or she has a mental disability. As long as the employee is able to perform the essential duties of his or her job, the employee is protected. Essential duties are those that are part and parcel of the job, but not duties that are only peripheral to the job. The law also requires that employer make reasonable accommodations for employees with disabilities.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940 is one of the country’s strongest sets of regulations designed to protect employees against workplace discrimination. Wrongful termination based on disability is a form of discrimination. Under FEHA, it is against the law to discriminate against employees based on mental or physical disability. FEHA, however, does not apply to every workplace. It applies only to employers who have at least 5 employees. FEHA is enforced by California's Department of Fair Employment and Housing. Similarly, the federal Americans with Disabilities Act (ADA) makes it illegal for private employers as well as governmental employers and labor unions to discriminate against an employee based on his or her physical or mental impairment.

A mental impairment is any mental or psychological disorder, such as intellectual disability, organic brain syndrome, emotional or mental illness, and certain learning disabilities.

If you believe that you were wrongfully terminated based on your mental disability, you have the right to file a claim based on federal law or state law. You may be entitled to damages in the form of compensation, including lost pay, lost benefits, punitive damages and injunctive relief.

• Lost pay. Lost pay is the amount of money you would have been paid if had you not been wrongfully terminated. This amount may include your base pay as well as overtime, cost-of-living increases, merit raises, and tips.
• Front pay. If you are unable to find work, then you may also be awarded what is sometimes referred to as front pay or future pay.
• Lost benefits. This includes the value of medical and dental insurance, as well as the value of participation in pension plans, profit-sharing plans and 401(k) plans. For example, if you lost health insurance as a benefit because you were wrongfully terminated and as a result had to pay for medical expenses out-of-pocket, you may be entitled to reimbursement for that expense.
• Punitive damages. This is an additional amount that the court may order the employer to pay in cases where the employer’s actions were particularly egregious.
• Injunctive relief. In some cases the court may order that the employer reinstate the employee.

Keep in mind that it is important to proceed quickly with your claim as discrimination claims are subject to a statute of limitations. A statute of limitations law gives the time limit that a plaintiff has to bring a claim against another person or entity. Failure to timely file a claim may mean that you will be forever barred from pursuing compensation in your discrimination case even if your case has merit.

If you or someone you care about is the victim of wrongful termination based on your mental disability, you should discuss the specifics of your case with an experienced employment lawyer right away. Not only may the discriminating party face serious consequences, you may be entitled to compensation. The staff at VAKILI & LEUS, LLP has years of experience successfully representing clients in matters involving wage-and-hour claims, employment discrimination and other employment law violations. Contact us at 1-855-52LA-LAW (1-855-525-2529) to schedule a free, no obligation consultation regarding your concerns related to your employment.