Legal Question in Disability Law in California

I was unlawful terminated a week later for being disable

Asked on 4/29/13, 11:14 am

2 Answers from Attorneys

Kristine Karila Law Office of Kristine S. Karila

It is unlawful for an employer to fire or lay off an employee because of their disability. Call an employment law attorney to discuss.

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Answered on 4/29/13, 12:18 pm
Terry A. Nelson Nelson & Lawless

Unfortunately, alleging something doesn't make it true or provable.

You will be required to have evidence such as witnesses or documents that somehow show the reason for the termination was due to your disabled status.

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or terminated any time for any reason, with or without ‘cause’, explanation or notice. That is, UNLESS the termination is based upon discrimination as defined as actually ‘illegal’ under the ADA [disability] rules that would apply in your claim.

You provided no facts about the situation. If you have been disabled for a long time, and you only worked there a week, then how do you intend to prove they fired you BECAUSE OF your disability, despite the fact they hired you knowing you were disabled?

Now if you think you can show the conduct was illegal under the ADA definitions, feel free to contact me for the legal help you’ll need.

If what you actually were describing is a workplace injury and subsequent firing, then you should contact a WCAB attorney to make a workmans' comp claim.

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Answered on 4/30/13, 2:36 pm

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