Legal Question in Employment Law in California

In Feb. I was fired from a job I had for 6 yrs as a salesman. I was told my production was down even though I knew I was one of the top producers. I recently received an e-mail from my former boss who has since left the company that the reason I was let go was because of insurance claims. I had a heart problem in 06. Do I have a cASE?


Asked on 8/17/10, 11:43 am

2 Answers from Attorneys

Terry A. Nelson Nelson & Lawless

An employer is not allowed to 'discriminate' against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'reasonable' accommodation of a disability, if accommodation can be done without substantial burden to the company, and accommodation will allow you to still perform all the essential functions of your job. Violation is grounds for a lawsuit. Every case is determined upon its merits and all the facts.

Your termination is arguably discriminatory or a failure to accommodate, if the physical condition qualifies as a disability by being a condition that affects your ability to perform your job. You apparently worked successfully some years with the condition without accommodation, but it was apparently 'perceived' as a disability, so you get to hold the employer to that standard and could bring legal action based upon that.

Feel free to contact me for the legal help you'll need. I've been doing these cases for over 20 years.

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Answered on 8/22/10, 4:40 pm
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

One of the most difficult aspects of proving discrimination cases is finding witnesses who have the integrity to tell the truth of what they know. If your boss was in a position to know that the motivating reason you were fired was due to your medical insurance claim related to a heart condition, and is willing to give a statement on your behalf, you have a significantly stronger case than many people would.

Different attorneys may use different approaches on how to handle these kind of matters. You should consult with a few experienced employment law attorneys in your area to assess your case and explore your legal options.

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Answered on 8/22/10, 5:08 pm


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