Wrongful termination happens when an employer illegally fires an employee in violation of federal, state, or local laws. One area where these laws are particularly important is protecting individuals with disabilities. Under laws like the Americans with Disabilities Act (ADA), employers are prohibited from discriminating against qualified employees based on a disability. If someone with a disability is fired unfairly, it could constitute wrongful termination and it helps to work with a trusted Brandon, FL wrongful termination lawyer.
What Counts As Wrongful Termination?
As legal counsel, we often see confusion around what counts as wrongful termination in these cases. The ADA requires employers to provide reasonable accommodations to employees with disabilities, as long as doing so doesn’t cause undue hardship for the business. Reasonable accommodations might include things like adjusting work schedules, providing specialized equipment, or modifying job responsibilities. If an employee is terminated because of their need for accommodations or because of their disability itself, that may violate the law.
It’s also important to understand how retaliation factors into wrongful termination cases involving disability. If an employee requests accommodations or asserts their rights under the ADA, employers cannot retaliate against them for doing so. Retaliation could include firing, demoting, or otherwise punishing the employee for standing up for their rights. When this is the case, get in touch with your lawyer quickly.
Disability Protections
We also work with employees and employers to understand what qualifies as a “qualified individual” under disability protections. The law doesn’t require an employer to retain someone who can’t perform the essential functions of their job, even with reasonable accommodations. However, determining what’s “essential” versus what’s flexible can be a gray area, and that’s where legal guidance can help.
Documentation is critical in wrongful termination cases. For employees, keeping detailed records of communication with your employer about your disability and accommodations can make a significant difference. For employers, having a clear, documented process for addressing accommodation requests and performance issues is equally important. This documentation can help support or defend against claims of wrongful termination.
Following Consistent Policies
Another key factor we look at is how the termination process was handled. Employers should follow consistent policies and treat all employees fairly, regardless of whether a disability is involved. If an employer uses inconsistent reasons for firing an employee, or if the stated reason seems like a pretext for discrimination, it can strengthen a wrongful termination claim.
At Hoyer Law Group, PLLC, we believe everyone deserves fair treatment at work. If you believe you were wrongfully terminated due to a disability, or if your business needs guidance on complying with disability laws, we’re here to help. Contact us today to schedule a consultation and learn how we can support your rights or your company’s compliance efforts.
