Facing a job loss due to an illness can be a distressing experience. If you were fired for being sick or or faced any other kind of wrongful termination, you might have legal options available.
Federal and state laws protect employees against unjust treatment, including wrongful termination due to health conditions. This article explores the protections available to employees, relevant legal precedents, and what steps to take if you believe your employer has unlawfully terminated you.
Understanding Wrongful Termination for Illness
Wrongful termination occurs when an employer fires an employee in violation of their legal rights. Termination due to an employee’s health condition may qualify as wrongful if the employer fails to make reasonable accommodations or discriminates against an employee with a qualifying medical issue.
Protections for Sick Employees Under Federal Law
Several federal laws protect sick employees and provide avenues for job protection:
Family and Medical Leave Act (FMLA): This act mandates that eligible employees are allowed up to 12 weeks of unpaid, job-protected leave for certain family and medical reasons. However, it applies to businesses with 50 or more employees, and eligibility requires an employee to have worked for the employer for at least a year and have logged a minimum of 1,250 hours in that period.
Americans with Disabilities Act (ADA): If an employee has a physical or mental impairment that qualifies as a disability, the ADA requires that employers provide reasonable accommodations. This can include modifying job duties or offering sick days or leave when needed. Under the ADA, it is unlawful for an employer to fire an employee solely based on a disability or serious health condition.
Civil Rights Act: Title VII of the Civil Rights Act also protects employees from discrimination due to health issues that may be connected to another protected characteristic, such as gender or religion.
If your employer has ignored these protections or retaliated against you for taking sick leave, a wrongful termination claim might be warranted.
Key State Protections for Sick Employees
Nevada
In Nevada, employment is typically “at will,” which means employers can terminate employees without cause. However, this does not apply if an employer fires an employee for discriminatory reasons, such as a serious health condition. Nevada recognizes the ADA and the FMLA and also offers some protections for public employees in need of sick leave.
Colorado
Colorado has additional worker protections under the Healthy Families and Workplaces Act (HFWA). HFWA requires employers to provide paid sick leave to eligible employees in the state. The law covers a range of health-related issues and mandates that employers provide up to 48 hours of paid leave each year for full-time employees.
What Constitutes Wrongful Termination for Illness?
To establish a wrongful termination case for being fired due to illness, consider the following conditions:
Eligibility for Protection: Did you qualify for FMLA leave, or did your illness fall under ADA guidelines?
Reasonable Accommodation: If your employer failed to provide reasonable accommodations, such as time off or adjustments to your role, you may have grounds for a claim.
State and Federal Law Violations: Different states have unique protections, and violations can support a wrongful termination claim.
Cases where emotional distress or severe emotional suffering arises from being wrongfully terminated can also strengthen your claim if the situation meets the legal standard for “extreme or outrageous conduct.”
Real Cases of Wrongful Termination for Illness
In some cases, employees have successfully sued employers for firing them due to illness. Here are notable examples:
EEOC v. BNSF Railway Co.: In this ADA case, an employee with severe sleep apnea was terminated without the company offering reasonable accommodations. The court ruled in favor of the employee, awarding compensation for wrongful termination.
Rodriguez v. Wal-Mart: A California employee who was terminated after using sick leave for surgery sued Walmart, and the court sided with her, citing that the termination was a form of retaliation.
Such cases highlight the importance of consulting an employment lawyer if you suspect wrongful termination due to illness.
Steps to Take If You Were Fired for Being Sick
If you suspect you were wrongfully terminated, consider these steps to protect your rights and strengthen your legal claim:
1. Collect Documentation
Document your termination, including any emails, written policies, or doctor’s notes supporting your need for sick leaveor accommodations.
2. Understand Your Rights Under State and Federal Laws
Understanding protections under the ADA, FMLA, and state laws like Nevada’s and Colorado’s can clarify whether your rights were violated.
3. Consult an Experienced Employment Lawyer
Speaking to an employment lawyer can help you understand if your termination was wrongful and what legal action you can pursue. The Bourassa Law Group offers free consultations to discuss potential cases and answer your questions.
4. File a Wrongful Termination Claim
If advised by your attorney, you may pursue a wrongful termination claim. This legal process might involve filing a claim with your state’s labor department or bringing your case to federal court if applicable.
5. Seek Reasonable Compensation
Compensation for wrongful termination can vary based on state laws and case specifics. A successful case may result in compensation for emotional distress, lost wages, or medical expenses.
Types of Damages You May Claim in a Wrongful Termination Case
Wrongful termination cases can include several forms of damages:
Back Pay: This includes wages lost due to the termination.
Compensation for Emotional Distress: If you experienced emotional suffering or severe emotional distressfrom the termination, you might claim damages.
Punitive Damages: In cases of “gross negligence” or severe employer misconduct, punitive damages may be awarded.
Can “At-Will” Employees Sue for Being Fired Due to Illness?
Even though Nevada is an at-will employment state, at-will employees are still protected from discrimination and wrongful termination. At-will employment cannot be used as grounds to dismiss an employee in violation of state and federal laws.
Common Employer Defenses and How to Counter Them
Employers may argue against wrongful termination claims by claiming:
Insubordination: Alleging that the employee was insubordinate rather than focusing on illness.
Business Necessity: Employers may claim the termination was due to economic or operational reasons.
Having medical records or written requests for reasonable accommodation can help counter these defenses.
How a Lawyer Can Help with a Wrongful Termination Claim
Navigating the legal process in a wrongful termination case is complex. An experienced employment lawyer can help you evaluate your case, file necessary documents, and negotiate a settlement if possible.
With a focus on compassion and client advocacy, Bourassa Law Group has helped countless clients navigate wrongful termination cases with professionalism and understanding. Our experienced attorneys are ready to discuss your situation in a free consultation and guide you on the best steps forward.
In Conclusion
Getting fired for being sick can have significant personal and financial consequences, but you do have rights under federal and state laws. By taking the right steps and seeking legal advice, you can pursue compensation and justice. Contact Bourassa Law Group today to discuss your case and explore your options.
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