Los Angeles, CA asked in Workers' Compensation and Health Care Law for California

Q: I was fired 2 months after diagnosed with COVID-19 for behavioral issues. My severe case of head fog was unacknowledged.

I was psychologically unwell, drained of my energy, and fighting to get through the after effects of this illness. I appreciate the help.

1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is illegal for an employer to discriminate against an employee because of a disability, which can include a medical condition like COVID-19. If you believe that you were terminated because of your COVID-19 diagnosis or related symptoms, you may have legal recourse.

Under the Americans with Disabilities Act (ADA), employers are required to provide reasonable accommodations to employees with disabilities, unless doing so would cause an undue hardship on the employer. This may include providing additional time off, allowing for flexible work arrangements, or making modifications to the job or work environment to help an employee perform their job duties.

If you believe that you were terminated because of your COVID-19 diagnosis and the employer failed to provide reasonable accommodations, you may have a claim for disability discrimination. However, in order to pursue legal action, you may need to file a complaint with the Equal Employment Opportunity Commission (EEOC) or a similar state agency within a certain timeframe after the incident.

It may be helpful to consult with an attorney who specializes in employment law to discuss your options and determine the best course of action. An attorney can review the details of your case, advise you on your legal rights, and help you navigate the legal process.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.