Legal Question in Employment Law in California
Wrongful Termination Due to Disability
Several months after being hired to manage a mixed-use building as Resident Mgr, I experienced multiple stress fractures in my left foot & a pressure ulcer on my right foot that put me in a wheelchair. I continued to perform ALL duties of my job. 7 months later, my employer fired me because they did not feel I would be able to continue doing my job because of my disability. I was told there were no problems with my performance to that point, they just were not confident I would be able to do the job in the future. My last day was June 30, 2003. Do I have a case for wrongful termination?
4 Answers from Attorneys
Re: Wrongful Termination Due to Disability
Ditto. The employer is required to "engage in a good faith interactive process," to allow you to work, despite your disability. In your case, you were able to perform all functions of the job, even without accommodation, you have a case for discrimination based upon "perceived disability." You may also have a claim related to the tenancy, if they are also trying to evict you.
Re: Wrongful Termination Due to Disability
You may have a claim for discrimination based on disability. Cost of litigation is not cheap. Call to discuss.
Re: Wrongful Termination Due to Disability
Employers have a legal obligation to reasonably accommodate handicapped employees, to help them perform the essential functions of their jobs, unless the accommodation would cause an unjust hardship on the employer.
If you were performing your job duties capably, and this employer would not even discuss with you what options could be looked at to address any concerns he had, he very well may have violated the California Fair Employment and Housing Act by firing you.
However, I suggest you meet with an experienced employment law attorney in your area to review your case more carefully, as there may be other factors to consider, such as the size of the employer.
Re: Wrongful Termination Due to Disability
Your situation seems almost like a no-brainer, especially if you have witnesses to the comments. You must file certain government claims before commencing a lawsuit. Feel free to call me at (310) 858-9771 to discuss. -Robert
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