Terminating an employee due to their medical condition can be a complex and sensitive matter and the circumstances surrounding medical condition discrimination generally looks different for each case. If the employer is found at fault, they could be guilty of wrongful termination.
There are certain federal and state laws that protect employees.
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against workers with medical conditions.
The Family and Medical Leave Act (FMLA) provides eligible employees with up to 12 weeks of unpaid, job-protected leave for certain medical and family reasons, including the employee’s own serious health condition. Employers covered by the FMLA are generally prohibited from terminating an employee for taking FMLA leave.
If you feel you may have experienced workplace discrimination because of your medical condition, if you feel you were not legally terminated due to your health issues, or believe other federal laws were breached because of employment discrimination, it is best to speak to an employment lawyer. Call Lawyers for Justice, PC today for a free consultation at (844) 569-1702.
Can You Get Fired For Medical Reasons? – FAQ
can you be fired while on FMLA? It is illegal for an employer in California to terminate your employment because you took a medical leave under the Family Rights Act. Firing you for using that medical leave may be grounds for a wrongful termination lawsuit.
can you be fired while on disability? Employers cannot terminate employees solely based on their disability. However, employers may fire a disabled employee for a legitimate reason (if they do not perform their job duties adequately, if they show poor performance at work) especially if they are in an at-will employment state, like California.
how long does an employer have to hold a job for someone on disability in california? California employers may have a different approach to holding jobs in each different workplace setting. However, employment laws under the ADA state that an employee on disability may take job-protected leave for up to 12 weeks.
how long after FMLA can you be fired? Typically, covered employees under FMLA cannot be fired. However, if they exhibit poor job performance or are unable to return to work after the 12-week period, their employer can lawfully terminate them.
can you be fired while on short-term disability? Your employer usually would not tell you that you are being fired due to temporary disability, because admitting that would implicate them in firing you illegally. Instead, an employer might come up with an excuse for firing you, like poor job performance, even though in reality you were fired due to temporary disability.
can you be terminated while on medical leave? It’s illegal for a California employer to terminate workers because they took medical leave under the Family Rights Act. Firing employees for using that medical leave could result in a wrongful termination lawsuit.
can you get fired for medical reasons? If you believe you experienced wrongful termination due to a medical condition you possess that was in violation of state of federal laws, reach out to Lawyers for Justice, PC today for a free consultation.
can i be fired if my FMLA runs out? Once an employee’s FMLA leave has expired, their job protection under FMLA no longer applies.
can i be fired if i don’t qualify for FMLA? If an employee is not eligible for FMLA leave, they technically could be fired for missing too much work. As such, their employer isn’t required to give them their job back or continue to provide them with health benefits.
can you be terminated while under doctors care? An employer cannot terminate workers because of their medical condition or because they take medical leave. However, if the reason for firing has nothing to do with the injury, medical condition, or medical leave, the firing may be legal.
