Can I Be Fired Due To A Medical Condition?

It’s very unfortunate that employers get to fire employees who suffer from serious health conditions. Some employers claim that since their employees are hired at will, they also can fire them whenever they wish. The truth is that an employee who is hired a will can be fired anytime, except where certain illegal reasons apply. If your employer has laid you off recently because of a medical condition, you may not have any legal right to file a claim against him/her except under certain circumstances.

Working With A Medical Condition
Even if you were employed at will and you belong to a protected class you might have certain legal rights. You cannot be fired because you have a certain medical condition. An employee who has medical condition is protected under the American with Disability Act. No employer has a right to fire you because of your illness. And if you have doubts about your illness and whether to file a claim after an adverse employment action has been taken, you have a right to look for a wrongful termination lawyer in Orange County to advise whether you may have a claim. In fact, if you have a medical condition, your employer is the one obligated to offer a reasonable accommodation to ensure you work at ease, just like other employees.
However, such accommodation is not allowed if it’s deemed to cause undue hardship to your employer. Even if you have a medical condition, you can be terminated legally if:
As a job applicant, you don’t meet the legitimate requirement for a job
You pose a threat to other employees.
Since laws relating to firing vary from state to state, you may need to hire a wrongful termination lawyer in Orange County to evaluate whether your firing was based on discrimination.

Providing Reasonable Accommodation
California employees are favored by the state laws, giving them lots of legal rights in cases where an employee suffers from a medical condition. When such rights are violated, an employee can file a discrimination claim. However, it’s always advisable to seek advice from a wrongful termination attorney in Orange County. While you may think it’s your right to be offered a reasonable accommodation due to your medical condition, you must request the change. But then again, your employer is not obligated to provide you with the change. Your employer is obligated to ask questions to determine whether your request is reasonable and know which type of reasonable accommodation can fit you well.
Your employer cannot claim he/she fired you at will when it clear that you belong to a protected such as religion, national origin, gender identity, among others. But if your sickness makes you unable to perform and you don’t belong to any protected class or are not protected by the American with Disability Act, your employer may have a right to fire you. In some instances, an employer may decide to fire you because you have requested a reasonable accommodation. This could result in a discrimination claim, which is better handled by a wrongful termination attorney in Orange County.

When Should I Talk To A Lawyer
If you think the basis of your firing was illegal, you need to look for an employment lawyer who will advise you on the legal proceedings. Your lawyer can review all the facts related to your medical condition and how this may impact your claim. If your lawyer proves that you need to assert your legal rights, then he/she can help you file a discrimination claim.