Wrongful Termination Due to Illness in California: Laws, Employee Rights & Legal Options

• Feb 01, 2022
• Blog
• Michael Burgis & Associates, P.C

Are you a victim of an unlawful termination due to illness? Or because you were helping a family member who was ill? If so, you have legal options that can help you obtain just compensation for your losses. Being terminated because of an illness is disability discrimination, and it is a form of unlawful termination.

Understanding Your Employment Rights in California

Being in a situation where you cannot work because of an illness either yours or a loved one’s is a terrible burden to bear. Those who become sick never ask for their illness. At the same time, no one is immortal. And sadly, illness is a part of life. When illness strikes an individual or a family, laws in the state of California are in place to protect affected employees from wrongful termination.

Laws That Protect You

What Constitutes Unlawful Termination Due to Illness?

Employers cannot take an adverse employment action such as firing, demoting, reducing pay, cutting hours, or refusing promotion because of:

• Your illness or medical condition
• Your request for medical leave (for self or family)
• Your need for reasonable accommodation
• Your association with someone who has a disability or illness
• Pregnancy-related conditions requiring protected leave

If they do, this is illegal under California law, and you may have grounds to bring a case. For more detail on related unlawful practices, see our guide on wrongful termination and retaliation.

Employer Obligations Under California Law

Employers in California are legally required to:

• Engage in the Interactive Process: Work with employees to determine reasonable accommodations, including modified duties, schedule changes, and remote work.
• Grant Protected Leave: Provide eligible employees leave under CFRA, FMLA, or PDL.
• Provide Reasonable Accommodations: Unless they can show undue hardship.
• Avoid Retaliation: It is illegal to punish an employee for requesting accommodations, filing a complaint, or exercising legal rights.

Failure to meet these obligations exposes employers to lawsuits for wrongful termination and disability discrimination. If you believe your rights were violated, you may want to explore employment discrimination claims.

Action Steps if You Were Terminated Due to Illness

Suppose you’ve found yourself in a situation similar to the one described above. In that case, several factors will determine whether you have a legitimate claim:

• Was your termination directly tied to your medical condition or request for leave?
• Did your employer deny you accommodations or fail to follow leave policies?
• Did you receive an adverse action shortly after requesting protected medical leave?

What You Should Do

1. Document Everything Keep termination letters, emails, HR records, and medical notes. These are critical pieces of evidence.
2. File an Administrative Complaint In California, most wrongful termination cases involving discrimination must first go through the California Civil Rights Department (CRD) or the EEOC.
3. Consult an Attorney An employment attorney can assess your evidence, calculate damages, and guide you through settlement or litigation.

What Evidence Do You Need For a Claim?

Building a strong wrongful termination case often depends on documentation. Evidence may include:

• Doctor’s notes showing medical necessity for leave or accommodation
• Copies of your leave requests, including FMLA, CFRA, or PDL
• Emails or memos showing denial of accommodations
• Termination letter or write-ups shortly after leave requests
• Witness statements from coworkers
• Patterns of retaliation or harassment

The stronger your documentation, the stronger your case.

Retaliation and Constructive Discharge

Wrongful termination isn’t always obvious. Sometimes, instead of outright firing, an employer may:

• Retaliate by reducing hours, pay, or responsibilities
• Create a hostile work environment
• Pressure you to resign by making work conditions intolerable, also known as constructive discharge

These situations are just as unlawful as direct termination if tied to your medical condition or request for leave.

Remedies and Compensation Available

If you win a wrongful termination lawsuit in California, you may be entitled to:

• Reinstatement – Returning to your position
• Back pay and lost wages – Compensation for income you lost after being fired
• Compensatory damages – For emotional distress, pain, and suffering
• Punitive damages – If the employer acted with malice or reckless disregard
• Attorney’s fees and court costs – Often recoverable in discrimination cases

Do Wrongful Termination Cases Settle or Go to Trial?

Many wrongful termination cases in California are resolved through settlement, often during mediation or mandatory settlement conferences. Settlements can save time, reduce costs, and provide certainty. However, if an employer refuses to negotiate or the violation is severe, the case may proceed to trial before the Workers’ Compensation Appeals Board (WCAB) or civil court. Having an attorney experienced in both negotiations and trial advocacy is critical.