Wrongful Termination Based on Medical Leave

Under federal and state law, it is illegal to discriminate against an employee based on a disability. This means that an employer is not allowed to treat an employee unfavorably because of his or her medical condition, including firing an employee because he or she took medical leave. If an employee is fired because of his or her disability or medical condition, 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 because you took medical leave, it is important that you immediately contact an experienced Los Angeles Wrongful Termination Based on Medical Leave Lawyer who will make sure your employer is held accountable for violating the law.

California’s Fair Employment and Housing Act (FEHA), Cal. Gov. Code § 12940, is one of the country’s strongest set 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 physical disability. FEHA is enforced by California's Department of Fair Employment and Housing.

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 handicap as long as the person is able to perform his or her job. In addition, the ADA requires that employers make reasonable accommodations for employees with disabilities.

It is important to understand that not every medical condition is protected by the law. A medical condition must be a physical impairment is any medical disorder affecting one of the body systems, such as neurological, musculoskeletal, special sense organs, respiratory, cardiovascular, reproductive, digestive, genitourinary, immune, circulatory, lymphatic, skin, and endocrine. 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 take leave based on a medical condition that is not covered by law, the law may not protect you from being terminated.

If you believe that you were wrongfully terminated based on your medical condition, 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 and punitive damages.

• 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 will mean that you will be forever barred from pursuing compensation in your discrimination case even if your case has merit.

If you are the victim of wrongful termination because you took medical leave 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 who have claims against their employers for employment discrimination, wage-and-hour claims, and other employment-related issues. 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.