In most cases, the law protects anyone who is out on disability leave from being terminated from their job. This also includes protection for those who are out of work in accordance with the Family Medical Leave Act (FMLA). The FMLA policies allow for a certain amount of time each year that employees can safely be out of work, even if unpaid, without losing their jobs. If, however, you were terminated while on disability or your job was changed, you might have a case for disability discrimination. Here's what you need to know about disability discrimination and your termination.
The Reason Matters
You have to be able to prove that the reason for your termination was directly connected to your disability, or the time you were taking off from work was for that disability. Your employer could terminate you for reasons unrelated to this and be within their legal rights, even if you are on disability.
However, if you have reason to believe that you were terminated because of your disability, you will have to be able to prove that the reason they provided for your termination was not legitimate. This may mean providing copies of recent performance reviews, communications with your boss, and more.
Legal Support Is Important
Even if you don't believe that you can prove discrimination, you should reach out to a lawyer right away. A disability discrimination attorney will have the experience and expertise to help you sort through the circumstances leading up to your termination as well as the nature of your disability to help you determine if there is any proof of discrimination.
Even Job Changes Can Be Discrimination
Disability protections require that employers make reasonable accommodations for employees with disabilities. Those accommodations must allow the employee to do his or her job. If your employer demotes you to a lesser position instead of making these accommodations, you may have a disability discrimination case.
In order to prove this type of case, you will need to show that there were reasonable accommodations overlooked that could have allowed you to do your original job and that your employer demoted you instead of establishing those accommodations for you.
The more you understand about disability discrimination laws, the easier it is for you to identify what constitutes discrimination and what does not. Talk with a disability discrimination attorney as soon as possible to seek restitution for your discrimination case if it qualifies.
Share28 June 2019
