Do I have a case for wrongful termination or disability discrimination in CA?

Question

I was terminated from my job in California for allegedly not following procedures. I've dealt with a disability at work for nearly five years, and my employer was aware of it. The building's elevator often broke, requiring me to use the stairs to leave from the 4th floor despite being unable to use stairs due to my disability. During these times, I was not paid unless I used PTO. In 2022, I fell using the stairs after the elevator broke, and firefighters had to walk me down four flights of stairs because the elevator was too small for an ambulance bed. I reported bullying and mistreatment to HR, but the HR representative was fired, and my manager was promoted instead. I have video evidence of the old elevator, texts, and emails documenting these issues. Do I have a case for wrongful termination or disability discrimination, and if so, what kind of lawyer should I contact in California?

Neil Pedersen · Answer

Far more would need to be known about your situation before it can be determined that the employer acted unlawfully. For instance, was there a reasonable accommodation that would have allowed you to continue to perform all of the essential functions of your job without creating an undue hardship on the employer?  Did you inform your employer that you needed accommodations?  Was the employer's stated basis for the termination correct - that you failed to follow procedures?  There are many additional facts needed.  Therefore it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options.  I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers. 
  
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you.  Many advance all the costs of the litigation as well.  Do not let fear of fees and costs keep you from finding a good attorney. 
 
Good luck to you.

James L. Arrasmith · Answer

Based on what you've shared, you appear to have a strong potential case for disability discrimination under both California's Fair Employment and Housing Act and the Americans with Disabilities Act. Your employer failed to provide reasonable accommodations for your disability by not ensuring reliable elevator access and effectively penalizing you by requiring PTO use when the elevator was unavailable. 
 
The fact that you were injured using stairs, have documented complaints to HR, and possess evidence of the situation (videos, texts, emails) strengthens your position considerably. The timing between your complaints and subsequent termination, along with the dismissal of the HR representative who received your complaints, suggests possible retaliation, which is also illegal under California employment law. 
 
You should contact an employment attorney who focuses on disability discrimination cases in California. Many employment attorneys offer free initial consultations and may take cases on contingency, meaning you wouldn't pay unless you recover compensation. Look for someone with experience handling similar cases, and bring all your documentation to your first meeting. Time limits apply to these claims, so it's important to act promptly.

Q: Do I have a case for wrongful termination or disability discrimination in CA?