Are you facing a possible wrongful termination? Are you worried that your disability has gotten in the way of your career? Is that even legal?
As a person with a disability, you have a lot of legal protections, and if you’re worried that you’ve been taken advantage of, you may have a wrongful termination case.
If you’re unsure, here are some tips to help you out including some wrongful termination examples in the area of disability law that can help you decide if your employer made a big mistake. Keep reading for more information.
Fired After Revealing Disability
This one probably seems obvious, but let’s talk about it.
You’re not required to reveal a disability to an employer. They may ask and you may fill out a voluntary disclosure form. They may even ask about specific aspects of the job and whether or not you’ll be able to complete them (with or without reasonable accommodations).
For example, if you have a disability that prevents you from lifting heavy objects, they may ask if this is something that you can do.
Some people discover (or experience) disabilities later in life. If you’re established in your career, and an employer fires you conveniently after your disability is revealed (even if they claim other reasoning), this is likely wrongful termination.
Employer Refused Reasonable Time Off
If your disability requires certain time off and you’ve made this clear to your employer, they may be legally required to give it to you as a form of reasonable accommodation.
This time off may come out of your pay, or it may fall in line with the sick times that other employees have, but you should not be refused the necessary time off.
If you are, and you’re terminated or forced to quit due to this, this may be a wrongful termination.
Employer Used Stereotypes Against You
Many people have stereotypes in mind when they’re considering the disabled. In reality, there are all kinds of disabilities. Some of them are even invisible. If your employer is trying to use their shallow idea of your disability against you, they can be held accountable.
For example, if you have bipolar disorder and you’ve disclosed this to your employer, they may use the stereotype of bipolar people being volatile as an excuse to give you fewer hours, keep you from earning a commission by keeping you out of customer-facing roles or firing you altogether.
Just because your disability is invisible doesn’t make this better. The legality is the same.
Employer Refused Reasonable Accommodations
Employees with disabilities have the right to request reasonable accommodations. Employers must (to their best efforts) supply these accommodations so that the employee can complete their work.
If your employer refuses to do this and then holds your disability against you until you quit or are fired, they’re in the wrong and may be held accountable through a wrongful termination suit.
Do These Wrongful Termination Examples Seem Familiar?
If any of these wrongful termination examples are familiar to you, you may have a case against your employer.
It’s important to seek legal counsel to protect your disability rights.
You might also find these articles helpful:
- Dealing With Temporary Disability After a Workplace Injury
- 4 Tips to Cover the Bills When Your Disability Keeps You Home …
- 3 Options to Consider When You Can’t Go Back to Work …
- Running out of Sick Days? How to Balance Chronic Illness and Work
- A Series of Unfortunate Events: How Social Security Disability Can Help
- How Those With Autism Can Strengthen Their Odds in Applying for Jobs
- Can I sue my employer for wrongful termination if I am an at-will employee
