I was terminated for having asthma

[Needalittlehelp]

What is the name of your state (only U.S. law)? California

I was recently "let go" from my job at a cat boarding facility because of the fact I had asthma. On my last day there I was called into the back office where one of my supervisors sat me down and explained they were letting me go due to "health concerns". She told me that it was nothing against me as a person or an employee, she was just afraid of me having a major asthma attack on the job because she wouldn't have known how to handle it (I have a very mild case, by the way. I have never even come close to having a "major" attack). She also said that they were getting rid of me so they could "make room for healthy employees".

I have been told by family and friends that it is illegal to fire someone for health reasons like this. I just would like to know if this is illegal or if they were within their rights.

I should probably point out that I have never had an asthma attack on the job and wasn't affecting my work in anyway. The only issue that I've ever had was one day my rescue inhaler fell out of my bag, so I didn't have it at work. I warned my boss that I had lost it (just in case I did have an attack that day), but I still completed my duties as quickly and thoroughly as I usually did and I had no breathing troubles.

 

[swalsh411]

The ADA does cover breathing impairments, so the answer is "maybe".

How many other people work there?

 

[Needalittlehelp]

There were about 14 people working there, including myself and the owner.

 

[Antigone*]

There were about 14 people working there, including myself and the owner.

If there are fewer than 15 employees, you may not have any protection from the ADA.

http://www.eeoc.gov/facts/ada17.html

 

[commentator]

How long had you been there? Did you have health insurance through this job? Was it a full time or part time position? "May have been 14" is suspiciously right on the line of whether or not they are considered large enough to need ADA protections. Any way you can make a better estimate?

 

[Needalittlehelp]

How long had you been there? Did you have health insurance through this job? Was it a full time or part time position? "May have been 14" is suspiciously right on the line of whether or not they are considered large enough to need ADA protections. Any way you can make a better estimate?

I was there for 2 months. It was a part-time position and didn't offer any health insurance or benefits like that. As far as employees go, there was the owner, the three managers, nine kennel assistants (including myself) and one new hire, so 14 employees.

 

[Zigner]

I was there for 2 months. It was a part-time position and didn't offer any health insurance or benefits like that. As far as employees go, there was the owner, the three managers, nine kennel assistants (including myself) and one new hire, so 14 employees.

The owner likely doesn't count.

 

[LdiJ]

The owner likely doesn't count.

Maybe...maybe not...it depends on the type of entity the business has set up, but either way, it doesn't appear that there are enough employees. There are 14, and 15 is apparently required.

 

[swalsh411]

While I don't necessarily agree with the reasoning, whomever wrote the ADA considered it overly burdensome to require ADA accommodation if you have less than 15 employees.

 

[ecmst12]

I had a feeling that CA offered more protection, and I was right. The CA state version of the ADA covers all employers with FIVE or more employees. The Department of Fair Employment and Housing is CA's equivalent for the EEOC...contact them to file a complaint.

http://ag.ca.gov/consumers/pdf/disabled.pdf

 

[Needalittlehelp]

Thanks for helping me with my problem, everyone. You all have been super helpful

 

[commentator]

In addition to contacting CA's ADA administraton, if you have been working anywhere else for covered employers in the last year and a half, file immediately for unemployment insurance benefits if you have not already done so. In order to qualify, you have to have covered wages from any employer in the last year and a half, not necessarily this particular employer, and you have to be out of work through no fault of your own, which you should qualify for very easily. While it is legal to fire you for a lot of reasons, they cannot stop you from receiving unemployment benefits (if monetarily eligible) after firing you for a health reason like this, a case of "you might get sick later." It's certainly worth a try, even though your job was part time and you had not worked there very long. Whether or not there is a case regarding the ADA, unemployment insurance is a completely separate issue, and the two issues will not interlap very much.