Ruben Limonjyan | December 7, 2021 | Workplace Discrimination

Can You Be Fired for Performance Issues Caused by Your Disability?

The Americans with Disability Act, or ADA, forbids harassment against persons with disabilities at the workplace. As a federal civil rights law, the ADA ensures that anyone with a disability has equal opportunities and rights to those without disabilities and shouldn’t be mistreated based on their condition. As a result, the ADA makes it illegal for employers to fire or terminate an employee on disability grounds.

Although some employers work with the “at-will” employment agreement (employer’s ability to fire a worker for any reason without explanation), the ADA protects anyone who meets the definition of disability, including those on disability leave.

Therefore, if you have been fired for performance issues caused by your disability, you have a right to file a lawsuit for harassment and wrongful termination against your employer. A qualified employment law attorney can take you through the process and give you a confident voice against your employer.

What Is Considered A Disability?

Disability can be defined as a lack or restriction of ability to participate or perform an activity in the manner considered normal for a human being. This limitation often occurs due to physical or mental impairment.

According to the ADA, any employer with more than 15 employees is covered by this law and must provide appropriate accommodations for employees with impairments. However, you should inform your employer about the disability so that they have the ability to offer the necessary accommodations. 

Accommodations could include restructuring job schedules, modifying desks, making the workplace accessible, providing disability leave, and placing signs in Braille. However, if there are no logical accommodations an employer can offer to allow the disabled individual to perform their duties effectively, the worker could be legally dismissed.

That is why it is important to work with employment lawyers who understand the ADA provisions to help evaluate your options. Employment attorneys at Limonjyan Law Group have vast knowledge and experience in employment law. We can give your case the attention and time it deserves to ensure you get the results you deserve.

The Circumstances Under Which You Can Be Fired Due To Disability

Whether you can be terminated for behavior or performance issues triggered by your disability solely depends on the circumstances. The ADA provides certain conditions under which an employer can terminate workers.

  • If the termination has nothing to do with your disability
  • The worker poses a safety or health threat at work due to their disability
  • The worker doesn’t meet the legal standards for the job
  • If an employee acts out in a disruptive manner or threatens to harm themselves or others

Contact an Experienced Employment Attorney Now

If your employer has fired you on disability grounds, this could be considered harassment and you may be entitled to compensation. If you are unsure of where to turn, you can consult with a skilled lawyer, Ruben Limonjyan, from Limonjyan Law Group to get the legal support you deserve. Call us at 213-277-7444 today to schedule a free consultation.