Q: Can a employer fire you for a medical condition/ & for having FMLA for a disabled child

Employed 12+yrs,FMLA for my disabled child/I self have a medical condition can’t lift over 50lbs Because I refused to go work in a different dept. that wasn’t my job description or duty it required me to lift over 50lbs I was fired.Manager was angry because I called HR corporate because of my Caregiver responsibilities he retailiated because I have FMLA and needed to go to 1st shift during the Pandemic.

1 Lawyer Answer
James L. Arrasmith
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  • Consumer Law Lawyer
  • Sacramento, CA

A: It is illegal for an employer to discriminate against an employee on the basis of a medical condition or the need to take FMLA leave. If you were fired because of your medical condition or because you exercised your FMLA rights, you may have a legal claim for wrongful termination. It is recommended that you consult with an employment law attorney to discuss your options and potential legal remedies.

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