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Can I sue my employer for wrongful termination due to a medical illness?

Can I sue my employer for wrongful termination due to a medical illness?

Full question:

About a month ago I was terminated due to a medical illness. I had notes from my Doctor stating that I needed to stay home from work. Can legal action be taken against the company for wrongful and unlawful termination?

Category: Employment
Date: 04/07/2025
State: Virginia

Answer:

In general, employment contracts can be terminated by either party at any time unless specified otherwise. If your contract does not have a set duration, it is considered 'at will,' meaning your employer can terminate it for any reason or none at all. However, some states have laws that limit this power, especially if the termination violates public policy, such as retaliating against an employee for asserting their rights.

The Family and Medical Leave Act (FMLA) allows eligible employees to take up to twelve weeks of unpaid leave for serious health conditions, among other reasons. To qualify, you must work for an employer with fifty or more employees and have been employed for at least twelve months, working at least one thousand two hundred fifty hours during that time.

The Americans with Disabilities Act (ADA) prohibits discrimination against qualified individuals with disabilities. This applies to employers with fifteen or more employees. The ADA defines disability broadly, covering physical or mental impairments that substantially limit major life activities. It is unlawful for an employer to discriminate against a qualified individual due to their disability, which includes failing to provide reasonable accommodations.

If you believe your termination was due to your medical condition and you have documentation from your doctor, you may have grounds for a wrongful termination claim. It would be advisable to consult with a legal professional who specializes in employment law to explore your options.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

How can wrongful termination be proven?

To prove wrongful termination, you must demonstrate that your dismissal violated a specific law or public policy. This can include showing that your termination was due to discrimination, retaliation for asserting your rights, or a violation of an employment contract. Evidence such as emails, performance reviews, and witness statements can support your claim. Consulting with an employment attorney can help you gather the necessary documentation and build your case.

What is a medical termination from work?

A medical termination from work typically refers to a situation where an employee is let go due to health-related issues that affect their ability to perform their job. This can include terminations related to serious medical conditions or disabilities. It's important to note that such terminations may be unlawful if they violate the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA), which protect employees facing medical challenges.

Can you be fired because of medical issues?

In general, you cannot be fired solely because of medical issues, especially if those issues qualify as a disability under the Americans with Disabilities Act (ADA). Employers are required to provide reasonable accommodations for employees with disabilities. However, if your medical condition affects your job performance and you do not qualify for protections under the law, termination may be permissible. It’s advisable to consult with a legal professional if you believe your termination was unjust.

Can an employer terminate you for medical reasons?

An employer can terminate you for medical reasons if your condition prevents you from performing essential job functions and you do not qualify for protections under the ADA or FMLA. However, if your termination is based on a disability or if you requested reasonable accommodations, it may be considered unlawful. It's crucial to understand your rights and seek legal advice if you suspect wrongful termination related to your medical condition.

How to sue an employer for wrongful termination?

To sue an employer for wrongful termination, first gather evidence supporting your claim, such as documentation of your medical condition and any communications regarding your termination. Next, consult with an employment attorney who can evaluate your case and guide you through the legal process. You may need to file a complaint with a government agency, like the Equal Employment Opportunity Commission (EEOC), before pursuing a lawsuit in court.

What are two ways employers can avoid wrongful termination lawsuits?

Employers can avoid wrongful termination lawsuits by implementing clear policies regarding employee rights and documenting performance issues thoroughly. Additionally, providing training on discrimination laws and ensuring compliance with the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) can help prevent unlawful terminations. Regularly reviewing employment practices with legal counsel is also advisable.