In the County of Los Angeles, terminating an employee because of his or her health is against the law. There are particular laws that bar Los Angeles-based employers from discriminating against and terminating employees because of their disability and lawful usage of medical leave. These laws are the Americans with Disability Act (ADA), Fair Employment and Housing Act (FEHA), and the Family Medical Leave Act (FMLA).
Discrimination and wrongful termination claim using ADA
In accordance to ADA, it is unlawful for employers with 15 employees to discriminate against and terminate job-qualified workers based on their disabling physical or mental condition. The act defines “disability” as a physical or mental ailment that limits one or more major life functions of an individual, such as hearing, walking, speaking, seeing, and performing manual labor.
Disabled employees, who get fired from their work only because of their condition, may file a formal complaint with the US Equal Employment Opportunity Commission (EEOC). The EEOC has the mandate to review discrimination and wrongful termination complaints. This federal agency, on behalf of the complainants, may also file a lawsuit against the liable parties involved.
Wrongful termination claim using FMLA
Pursuant to this federal employment law, a covered employee may take up to 12 weeks of unpaid leave to take care of a severe health problem that prevents him or her from performing job duties. Furthermore, FMLA makes it illegal for California employers to terminate an employee solely because of lawful usage of his or her FMLA leave.
According to FMLA provisions, government offices, public and private educational institutions, and private employers with 50 or more workers for at least 20 weeks of a year are required to follow the act. Hence, if your employer is covered and has terminated you because of your utilization of FMLA benefits, you may file a wrongful termination lawsuit. It is advisable for you to seek legal assistance from a Los Angeles wrongful termination attorney for you to have better chances of getting deserved justice.
Wrongful termination claim using FEHA
California employers are protected by FEHA. Under this California state law, it is illegal for Los Angeles-based employers to terminate an employee based on his physical or mental disability. Employers who fail to adhere to this law may be charged with discrimination and/or wrongful termination lawsuit. Employers with five or more employees are required to comply with FEHA’s provisions.
Los Angeles disabled employees who were terminated because of their condition may file a complaint with the California Department of Fair Employment and Housing (DFEH). Additionally, wrongfully terminated workers may also get help from a Los Angeles wrongful termination attorney to assert for the claim appropriately and successfully.