What can be expected?

[Beachguy3b]

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

I was terminated in March and I believe it was discriminatory based on health issues. My question is... if I chose to sue based on discrimination for a disability, what would I be likely to receive? A friend who is a lawyer in her early phases of her career tells me she believes it would only be about getting my job back, but she also readily admits her schoolwork focused on criminal law, and she studied very little employment law. Is she right? Or am I able to sue and receive damages if I prove my case? (The issues involve diabetes, depression, and Adult ADD)

Thank you!

 

[Proserpina]

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

I was terminated in March and I believe it was discriminatory based on health issues. My question is... if I chose to sue based on discrimination for a disability, what would I be likely to receive? A friend who is a lawyer in her early phases of her career tells me she believes it would only be about getting my job back, but she also readily admits her schoolwork focused on criminal law, and she studied very little employment law. Is she right? Or am I able to sue and receive damages if I prove my case? (The issues involve diabetes, depression, and Adult ADD)

Thank you!

Did you request accommodations under the ADA?

More details are needed, most likely.

 

[Beachguy3b]

Did you request accommodations under the ADA?

More details are needed, most likely.

I did go into detail with the HR department about it. I told them I needed them to understand I was trying to get the medical help I needed but it would take time.

 

[Beachguy3b]

I not as concerned about the likelihood of success, as I am about whether I can only seek reinstatement (NOT desired) or if I would be able to receive damages if I prove my case.

 

[las365]

Generally, damages sought in employment cases are monetary. You do not have to make a demand for reinstatement. A former employer/defendant may sometimes offer reinstatement, but - again generally - that is not usually something either side desires.

The above general information is based on assumptions that your former employer is a private company that has enough employees to be subject to the laws you would bring an action under, and that you are not under a collective bargaining agreement that would include reinstatement as the available remedy.

 

[Beachguy3b]

Excellent.

Thanks...

 

[swalsh411]

What is the basis of your believe you were terminated illegally? *Most* people who believe they were wrongfully terminated are mistaken. Just because your termination was related to "health issues" doesn't necessarily mean it broke any laws. If you were not able to do your job (with or without reasonable accommodation) then it was legal to fire you.

 

[ESteele]

If you have a valid claim under federal and/or state law (e.g., ADA; FMLA) and your counsel can ultimately establish your claims, then you could potentially obtain back pay, compensatory damages and/or punitive damages depending on the underlying facts. Reinstatement is not the sole remedy under such circumstances.

You should probably consult with a local employment law attorney and/or a representative from the EEOC or a FEPA to explore whether you have a viable denial of accommodations claim or other cognizable claim.