Facing wrongful termination due to a disability can be an overwhelming experience. However, it is essential to know that legal protections are in place to safeguard against such unjust actions. Understanding your rights and taking the appropriate steps can make a significant difference in how your case is resolved.
Understand Your Rights Under the ADA
The Americans with Disabilities Act (ADA) is a federal law that prohibits discrimination against employees with disabilities. This law applies to employers with 15 or more employees, and it mandates that reasonable accommodations must be made for employees with disabilities. If an employer terminates someone because of their disability or fails to provide reasonable accommodations, this action may be classified as wrongful termination.
Document Everything
The first step after being wrongfully terminated is to gather and document all relevant information. This includes:
- Emails or written communication: Any emails or messages from your employer regarding your disability or performance.
- Medical records: Documentation of your disability and any requests for accommodations.
- Performance reviews: Past performance reviews that contradict the reasons given for your termination.
This documentation will serve as crucial evidence if you pursue legal action with the assistance of a wrongful termination lawyer in Los Angeles.
Consult with a Wrongful Termination Lawyer
Navigating the complexities of wrongful termination cases can be challenging without legal guidance. Consulting with a wrongful termination lawyer in Los Angeles can provide clarity on your situation and the best course of action. An experienced attorney can help determine whether your case qualifies as wrongful termination and advise on the next steps, including filing a claim with the Equal Employment Opportunity Commission (EEOC) or pursuing a lawsuit.
File a Complaint with the EEOC
Before pursuing a lawsuit, it’s generally necessary to file a complaint with the EEOC. The EEOC will investigate the claim and may attempt to mediate between you and your employer. If the EEOC determines that there has been a violation of the ADA, they may issue a “right to sue” letter, allowing you to pursue legal action against your employer.
Consider a Settlement or Litigation
Once you have the right to sue, there are two primary paths: settlement or litigation. In some cases, your wrongful termination lawyer in Los Angeles may negotiate a settlement with your former employer, which can result in compensation without the need for a lengthy court battle. However, if a fair settlement cannot be reached, your attorney may recommend taking the case to court.
Seek Emotional Support
Wrongful termination, especially due to a disability, can take a significant emotional toll. Seeking support from friends, family, or a therapist can help navigate the stress and emotional strain during this challenging time.
Conclusion
Being wrongfully terminated due to a disability is not only unjust but also illegal. By understanding your rights, documenting everything, and consulting with a wrongful termination lawyer in Los Angeles, you can take the necessary steps to seek justice. Whether through a settlement or litigation, it’s crucial to stand up for your rights and hold employers accountable for discriminatory actions.
