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
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  • 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.

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