It is Illegal to Fire an Employee for a Serious Illness

The ADA and similar state laws define the term “disability” very broadly to include physical and mental conditions.  If the illness or condition affects major life activities, such as working, sleeping, concentrating, lifting, walking, talking, seeing, or hearing, it likely qualifies as a disability. Examples of disabilities include:

• Cancer
• Depression
• Back injuries
• Multiple Sclerosis
• Arthritis
• Leg injuries
• Parkinson's
• Addiction
• Anxiety
• Other physical or mental impairments

Compensation Available

The applicable laws reflect that losing a job because of an illness or condition can be devastating financially and emotionally. Compensation to victims may include:

• Back pay, including lost benefits and bonuses 
• Emotional distress damages
• Front pay
• Punitive Damages

No. Victims of wrongful termination have enough problems. When an unscrupulous employer has wronged you, the last thing you should worry about is the cost of legal representation. 

Because of this, the compassionate legal professionals at Morgan & Morgan are paid through contingency fees. This means that our clients only pay for legal representation if we successfully settle or win your case. 

Unless you receive the money you deserve, you will not pay any attorneys’ fees. Upon taking your case, our attorneys will agree to represent you for a percentage of the recovery from your case.  

This payment structure ensures that your legal representative is working tirelessly in your best interests. Our legal team will never accept an inadequate settlement in your wrongful termination case.

Taking a sick day without employer approval may result in valid termination in some states. This is also true for taking too many sick days.  

In these cases, businesses may cite the way the sick time affected your job performance. For instance, if the sick days caused you to miss an important work deadline, your employer could cite the loss of productivity as a reason for firing you. 

This scenario can even occur in states where sick leave is required. Employees are not guaranteed an unending number of sick days. This is even true in states with extensive regulatory protections for workers.

Don’t wait. Many of the laws intended to protect you have very short deadlines for taking action. 

For over three decades, our team has fought diligently for our workplace clients, from blue-collar workers to C-suite executives. It doesn’t matter what the job is, everybody deserves to be protected when they are most vulnerable. We know what is needed to file a successful employment lawsuit.  

When you contact our firm, we will gladly provide you with a no-obligation case evaluation. A member of our knowledgeable legal team will review your claim and help you determine the best course of action. 

Hold employers accountable. Fill out the Morgan & Morgan online contact form to schedule your free case evaluation with a member of our team today.

According to the ADA, “disability” is defined as a physical or mental impairment that substantially limits major life activities. Disabled people need a record of their impairment to be regarded as having such a condition. 

A “physical or mental impairment” means any disorder or condition affecting bodily systems. It can also include cosmetic disfigurements or anatomical losses. Disorders that qualify as “disabilities” may affect the following systems: 

• Skin
• Sensory
• Digestion
• Lymphatic
• Endocrine
• Respiratory
• Neurological
• Reproductive
• Cardiovascular
• Musculoskeletal 

According to this federal regulation, “major life activities” include functions such as:

• Sight
• Walking
• Hearing
• Speaking
• Breathing
• Caring for oneself
• Performing manual tasks
• Performing cognitive tasks 

Also, workers are considered to have a disability if they face discrimination because of an actual or perceived impairment. This is true regardless of whether the impairment limits a major life activity. 

If you believe that you have been discriminated against because of a disability, contact a lawyer. The distinction between illnesses and disabilities can be difficult to make. Speaking with one of the experienced legal professionals at Morgan and Morgan can give you the best chance of recovering compensation.

Employees who have been wrongfully terminated while they are sick have the option to pursue financial recovery. Those who believe they were unfairly fired because they were sick should speak with an attorney as soon as possible.  

Financial damages may be available through a successful wrongful termination claim. The team at Morgan & Morgan has more than 35 years of experience successfully fighting for the rights of workers.  

The aim of a wrongful termination lawsuit is to make the victim whole. In other words, the victim should be in the same financial position they enjoyed before they were wrongfully fired. 

Plaintiffs in wrongful termination claims can pursue multiple types of compensation. Legal payments in tort claims are called damages. The two main types of compensatory damages in wrongful termination cases are economic and non-economic damages. 

These are typically the largest component of wrongful termination damages. Economic damages can include repayments for a wide range of costs and losses.  

Economic damages are intended to make up for the financial harm the victim experienced. The most common example of economic damages in a wrongful termination claim include the repayment of missed income and lost wages. 

Most wrongfully terminated employees will miss out on income they should have earned. Lost income is divided into front pay and back pay. 

Back pay is calculated as the income lost because of the wrongful firing. A plaintiff can pursue the amount they would have earned from the date of their termination through the day the claim concludes. 

This compensation can consist of: 

• Salary or average hourly income
• The value of benefits
• Missed overtime pay
• Bonuses 

Front pay is calculated based on the time between the conclusion of the claim and workplace reinstatement. 

Non-economic damages are meant to make up for intangible and emotional losses. While these are rarer in wrongful termination claims, speak with a lawyer about the possibility of recovering non-economic damages.

No. Victims of wrongful termination have enough problems. When an unscrupulous employer has wronged you, the last thing you should worry about is the cost of legal representation. 

Because of this, the compassionate legal professionals at Morgan & Morgan are paid through contingency fees. This means that our clients only pay for legal representation if we successfully settle or win your case. 

Unless you receive the money you deserve, you will not pay any attorneys’ fees. Upon taking your case, our attorneys will agree to represent you for a percentage of the recovery from your case.  

This payment structure ensures that your legal representative is working tirelessly in your best interests. Our legal team will never accept an inadequate settlement in your wrongful termination case.

Punitive damages are monetary payments that are intended to punish the party who caused harm. In wrongful termination cases, these damages would punish the employer who behaved inappropriately. 

These damages are relatively rare in wrongful termination lawsuits. To recover punitive damages, the plaintiff must provide proof that the at-fault party acted in a particularly reckless or malicious way.  

For instance, you may be awarded punitive damages if you can show your employer knowingly retaliated against you or engaged in discrimination.

If you have been fired unfairly, do not wait. The skilled team at America’s largest tort law firm is here for you. 

For over three decades, our team has fought diligently for workers. We know what is needed to file a successful employment lawsuit.  

When you contact our firm, we will gladly provide you with a no-obligation case evaluation. A member of our knowledgeable legal team will review your claim and help you determine the best course of action. 

Do not allow a deceitful employer to deny you the money you deserve. Fill out the Morgan & Morgan online contact form to schedule your free case evaluation with a member of our team today.