{"id":1139,"date":"2020-05-07T21:49:29","date_gmt":"2020-05-07T21:49:29","guid":{"rendered":"https:\/\/shegerianconniff.com\/?p=1139"},"modified":"2020-05-07T21:49:29","modified_gmt":"2020-05-07T21:49:29","slug":"i-was-recently-fired-due-to-a-disability-what-should-i-do","status":"publish","type":"post","link":"https:\/\/shegerianconniff.com\/dev\/i-was-recently-fired-due-to-a-disability-what-should-i-do\/","title":{"rendered":"I Was Recently Fired Due to a Disability. What Should I Do?"},"content":{"rendered":"\n<p class=\"wp-block-paragraph\">California&#8217;s Department\nof Fair Employment and Housing enforces the laws that prevent discrimination\nagainst workers or job applicants. These laws protect people from several types\nof discrimination including disability and pregnancy disability. If you were\nfired because you have a permanent disability of some nature, your employer\ncould be in violation of the law. The only disability that can be temporary is\npregnancy. All other disabilities meet criteria if they&#8217;re not mild or\ntemporary.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">More specifically, the\nCalifornia Fair Employment and Housing Act (FEHA), Disabled Persons Act, and\nUnruh Civil Rights Act protect you by requiring employers to \u201cmake reasonable\naccommodations\u201d so that you can do the job you were hired to do. The disability\ncould be a medical condition, physical disability, or a mental one. These are\nexamples of conditions and health issues that qualify as disabilities.<\/p>\n\n\n\n<ul class=\"wp-block-list\"><li>Genetic disorders include conditions like down\nsyndrome, hemophilia, and Huntington&#8217;s disease<\/li><li>Medical conditions include diseases and disorders\nthat affect the cardiovascular system, musculoskeletal, neurological system,\netc.<\/li><li>Mental Disabilities include autism spectrum\ndisorder, clinical depression, cognitive disabilities, obsessive-compulsive\ndisorder, PTSD, etc.<\/li><li>Physical Disabilities include the loss of a limb,\na disfigurement, or physiological condition or disease.<\/li><\/ul>\n\n\n\n<p class=\"wp-block-paragraph\">As an example of\ndisability discrimination lawsuits, a maintenance worker for a Goodwill store\nhad a cognitive disability that made it hard to read and understand warnings\nrelated to his work. He needed additional training to complete his job duties\nbut never received that training. Instead, the company fired him. The\norganization was ordered to pay him $65,000 for disability discrimination.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Your Employer&#8217;s vs. Your\nResponsibilities When It Comes to a Job and a Disability<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">You do have some\nresponsibility when it comes to qualifying for protection. Make sure your\nemployer knows you have a disability. Tell your boss or confirm that your boss\nunderstands if he\/she has observed your disability&#8217;s symptoms or signs.\nIdeally, put the notice of your disability in writing or an email and make sure\nit&#8217;s dated. Keep a copy for your records. If there are problems later on,\nyou&#8217;ll have proof your employer knew.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">You have to be able to\ndo the key components of the job. Let&#8217;s say you&#8217;re in a car accident and suffer\na brain injury that impacted your vision. You cannot see well enough to read,\nso the data entry work you were responsible for may no longer be a possibility.\nYou have the right to ask for reasonable accommodations to be made such as\nbeing transferred to another department where reading isn&#8217;t a requirement. If\ndata entry is only a small part of your job, that part could be reassigned to\nanother employee. If there is no other department or a suitable opportunity,\nyou cannot sue your boss if you&#8217;re let go.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Now, if that disability\ncan be accommodated, your employer has to do so. You&#8217;ll work with your employer\nto come up with suitable accommodations. If you&#8217;re left out of the process,\nthere&#8217;s a problem. Say you&#8217;re diagnosed with diabetes and need more breaks for\nsnacks to keep your blood sugars level or need refrigeration for your insulin,\nyour employer could easily accommodate you. If that employer refuses to\nconsider any accommodations and says that it&#8217;s too risky to have someone with\nyour health issue working on a production line, accommodations haven&#8217;t been\nconsidered. You have a valid discrimination complaint.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">As long as the\naccommodations that would help you would not put your employer in a financial\nbind or greatly impact the business&#8217;s operations, the employer must meet your\nrequest suitably. You might be transferred to another department, you might get\na small refrigerator added for your medical supplies, or you could be given\nextra breaks.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">FEHA makes an exemption\nfor employers with fewer than five employees. If there are only four of you,\nyour employer doesn&#8217;t have to follow the laws. There are also exceptions for\nnon-profits and businesses of a religious nature and in situations where the\nemployee is a family member.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">What Do You Do If You&#8217;ve\nBeen Fired?<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">What if you&#8217;re fired and\ndon&#8217;t think it was justified? What if you don&#8217;t even have a disability, but\nyour employer believed you do and fired you? Who do you talk to? These are the\nsteps to take if you&#8217;ve been fired and don&#8217;t believe it was a legal\ntermination.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Print out copies of\nemails or make copies of letters you submitted to your supervisor or HR\ndepartment notifying them of your disability. It&#8217;s also a good idea to have a\nletter from a medical professional documenting your disability.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Make sure you get copies\nof any paperwork you were handed after you made an accommodation request. Keep\ntrack of conversations you have with human resources and your supervisors. If\nyou were offered accommodations that didn&#8217;t meet your needs, note what was\noffered and why it wasn&#8217;t acceptable.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">You do have the right to\nbattle disability discrimination on your own, but it&#8217;s best to hire an attorney\nwho specializes in employment law. An experienced employment law attorney can\nhelp you decide what information is relevant and make sure it&#8217;s in your files,\nfile complaints, and act on your behalf in the courtroom if necessary. By\nhiring an attorney, you&#8217;re more likely to get the maximum damages.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">If you&#8217;re worried about\npaying for an attorney, it&#8217;s important to know that most employment law\nattorneys do not take any money upfront. Consultations are free and the\nattorneys are paid when they win your case. They take a percentage of your\nsettlement offer or award. Don&#8217;t let the fear of paying the legal bills keep\nyou from filing a discrimination complaint against your employer.<\/p>\n\n\n\n<h3 class=\"wp-block-heading\">Never Automatically\nAssume You Don&#8217;t Qualify<\/h3>\n\n\n\n<p class=\"wp-block-paragraph\">Disability laws cover\npeople with cerebral palsy, diabetes, epilepsy, HIV\/AIDS, and multiple\nsclerosis. There is also pregnancy disability that protects a woman from discrimination\nduring her pregnancy. With so many areas covered by disability, it&#8217;s important\nto talk to a lawyer. You might not think your condition is a true disability,\nbut it could be and you shouldn&#8217;t let doubt keep you from seeking help. There&#8217;s\nno risk in asking for legal advice during a free consultation.<\/p>\n\n\n\n<p class=\"wp-block-paragraph\">Shegerian Conniff wants\nto help you through the unfair treatment you were given. It&#8217;s our goal to help\nyou rebuild your life while standing up for your rights. If you were fired due\nto your disability, reach out to us. We can help you understand the laws and\nhow they apply to your situation. If you have a valid complaint against your\nformer employer, we&#8217;ll be by your side every step of the way. Call us to\nschedule a free consultation.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>California&#8217;s Department of Fair Employment and Housing enforces the laws that prevent discrimination against workers or job applicants. These laws protect people from several types of discrimination including disability and pregnancy disability. If you were fired because you have a &hellip; <a href=\"https:\/\/shegerianconniff.com\/dev\/i-was-recently-fired-due-to-a-disability-what-should-i-do\/\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[15],"tags":[],"class_list":["post-1139","post","type-post","status-publish","format-standard","hentry","category-blog"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO plugin v28.4 - https:\/\/yoast.com\/product\/yoast-seo-wordpress\/ -->\n<title>I Was Recently Fired Due to a Disability. 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