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Medical Condition And Wrongful Termination
If you have a medical condition, you are covered by the FMLA, which stands for Family Medical Leave Act. You are also covered by the American with Disability Act (ADA) if you have a pre-existing medical condition. So, if you are fired without a good reason and it is connected with your medical condition, it is a wrongful termination and complete violation of the federal or state law. This means that you can challenge the wrongful termination. |
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However, before you decide to challenge your so-called wrongful termination, it is advisable to seek advice of an attorney who will be able to guide you as the entire process of challenging your wrongful termination on account of your medical condition could be time consuming and an expensive affair. In addition, different states across the U.S. have different laws governing medical condition and wrongful termination. However, if you succeed in winning your case, you would end up receiving back wages and / or your employer would have to pay fines, punitive damages and / or take you back to your old job.
However, if you are an at-will employee the chances of winning a wrongful termination on account of a medical condition is very slim because your employer has the right to fire you at any time without assigning a reason as long as he has followed the state and federal law.
However, if you are a for-cause employee, you can challenge wrongful termination on account of a medical condition by approaching your employee union, who would file a grievance on your behalf, or you could file a lawsuit against your employer.
The best person to advice you on medical condition and wrongful termination is a lawyer and that is why it is important to consult one who will then take the initiative and advice you about the next course of action.
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