Legal Question in Disability Law in California
fired for having a back problem
i was fired because they said because of my work performance.i had this back problem since 2006 and my job knew about it and it was not work related.so i go to work on a monday and my supervisor ask how i was doing and i said not to good because my back hurts and he sent me home and told me not to come back to work till i bring him a detailed dr.s report reguarding my back.so i go to the drs and get it note saying i was going to be refered back to the neuro surgen dr. and i will be off of work until further notice.so i call my h.r to let them know and they told to come some time during the week to pick up the leave of absence forms.so my boss calls me later that day and told me he would like to speak to me, so i go meet him and he told me i was being let go do to my work performance, not because of my back.is this legal for what they did? i have no write ups or complaints on my employee file at all
2 Answers from Attorneys
Re: fired for having a back problem
While your initial injury may not be job related you probably had a continuos trauma injury by "using" your back at work. Your matter is complex and you should get an attorney. If you are located in Orange, San Diego or Imperial Counties, you can email me your contact info, so we can discuss your particular situation. There is no charge for consultation.
Re: fired for having a back problem
The simple answer is that it is unlawful for an employer to fire someone because of a disability. A chronic back problem could be considered a disability. It is also unlawful to fire someone who requests medical leave, if they qualify under the Medical Family Leave Act.
Of course, this does not mean an employer cannot fire an employee who is not performing their satisfactorily. The trick in these cases is trying to establish the real reason for the termination.
You should consult with an experienced employment lawyer in your area, to assess the facts of your case. You could also schedule an appointment with the California Department of Fair Employment and Housing, if you wish to file a discrimination complaint. There is a one year time deadline to file such complaints.
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