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California Employment Law and Wrongful Termination Based on Disability

The Nourmand Law Firm, APC

A recent California Court of Appeal decision underscores the protections employees have against wrongful termination in violation of public policy, particularly when tied to a disability. In this case, an employee with sickle cell anemia was terminated by a staffing agency after her placement employer expressed concerns about her anticipated absences due to hospitalization. While the jury rejected her claim for direct disability discrimination, it found that her termination violated public policy.

This ruling highlights the responsibilities employers have under California law to avoid wrongful termination based on a disability and to engage in good faith discussions about reasonable accommodations. Understanding these protections is critical to pursuing justice and compensation if you believe your employer violated your rights.

What Constitutes Wrongful Termination in Violation of Public Policy?

California law prohibits employers from terminating employees for reasons that violate public policy, including decisions based on an employee’s disability or medical condition. This protection is rooted in statutes such as the Fair Employment and Housing Act (FEHA), which requires employers to provide reasonable accommodations for employees with disabilities unless doing so would cause undue hardship.

In this case, the evidence showed that the staffing agency knowingly allowed the placement employer to terminate the employee because of expected absences related to her medical condition. The agency did not explore accommodations or push back against the dismissal, even though the employee anticipated returning to work within four days. By failing to act, the staffing agency effectively participated in the discriminatory termination, leading to a jury verdict against it.

Employer’s Obligation to Provide Reasonable Accommodations

Under FEHA, employers have a duty to engage in an interactive process with employees who disclose a disability. This process involves discussing potential accommodations that would allow the employee to perform their job duties. Reasonable accommodations might include modified schedules, temporary leave, or adjustments to workplace responsibilities.

In this case, the employer did not engage in such discussions. Instead, it falsely claimed that the placement was no longer available and quickly replaced the employee. This lack of effort to accommodate the employee’s disability played a central role in the jury’s decision to award damages for wrongful termination.

The Importance of Documenting Employer Misconduct

If you suspect that your termination was based on your disability, keeping thorough documentation can strengthen your claim. Record any communications with your employer about your medical condition, absences, or potential accommodations. Emails, text messages, and written evaluations can serve as evidence of discriminatory intent or the employer’s failure to engage in a meaningful dialogue.

In this case, evidence showing that the employer knowingly terminated the employee due to her disability rather than legitimate business reasons proved pivotal. Such documentation can help establish a direct link between the termination and the employer’s violation of public policy.

Seeking Legal Help in Disability-Related Employment Disputes

Cases involving wrongful termination and disability rights can be complex, especially when multiple parties, such as staffing agencies and placement employers, are involved. Having an experienced employment attorney on your side can make a significant difference. Your attorney can help you evaluate your claim, gather evidence, and determine the best course of action to hold your employer accountable.

This case demonstrates that California courts are willing to hold employers accountable when they fail to respect employees’ rights under the law. If you believe your employer acted unlawfully in terminating you because of your disability, pursuing legal action can provide both justice and financial recovery for the harm you’ve suffered.

What This Case Means for California Employees

This decision reinforces the legal protections available to California employees facing disability-related discrimination or wrongful termination. Employers must engage in reasonable faith efforts to accommodate employees with disabilities and cannot use medical conditions as a basis for termination without legitimate justification.

By understanding your rights and taking action when those rights are violated, you can protect yourself and others from discriminatory practices in the workplace. Employment lawsuits hold employers accountable and help to ensure a fairer and more equitable environment for all workers. Learn more about how the Nourman Law Firm, APC can help with your case by giving us a call today.

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