You dedicate your time and talent to your job, but lately, the atmosphere has shifted. Perhaps you disclosed a diagnosis, or maybe you simply asked for a desk that does not aggravate your back pain. Suddenly, your boss ends your employment. If this sounds familiar, you may be a victim of wrongful termination.
Identifying wrongful termination
Under the Fair Employment and Housing Act (FEHA), an employer cannot fire you based on a protected characteristic, including disability. Your dismissal may count as wrongful termination if your supervisor exhibited these behaviors:
- Direct bias: Your employer fired you when they found out about your mental or physical disability.
- Retaliation: Your employer dismissed you when you requested a reasonable accommodation.
- Failure to engage: Your employer refused to discuss possible accommodations in an interactive process and chose to lay you off instead.
Whether your condition is visible or invisible, your employer cannot fire you simply because of your impairment or because they perceive you have one. You are a professional, and your health does not diminish your value.
Proving employer misconduct
In a wrongful termination case, the burden of proof starts with you showing that your disability was a substantial motivating factor in your firing. You must gather evidence of this motivation, which may include:
- Performance reviews
- Emails or text threads where you requested accommodations or your manager made disparaging remarks about your health
- A timeline of events leading up to your termination
- Witnesses who were present during your termination meeting
It is important to note that you generally have three years from the date of the termination to file a complaint with the California Civil Rights Department.
Facing the difficult legal landscape
When filing a report about wrongful termination, employers can use at-will employment or performance issues as defense strategies. If you know that what you experienced was different, consulting an employment law attorney can help you determine whether you have a case.