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12 Feb Calculating Work-Life Expectancy Damages

Economists can prove to be indispensable in the calculation of future lost income damages for someone in a disability case, and we will bring them in if necessary. Part of the valuation of future lost damages is a plaintiff’s work-life expectancy. Unfortunately, if a person has a medical condition reduces his or her work-life expectancy, future lost income may be affected by that. This unfortunate part of the calculation cruelly ironic since it is because of that medical condition that they lost their job in the first place. Ultimately, these are decisions that will be made by a jury and would have to hold up in court, but the court will take into consideration a number of factors including the ability to secure another job, when determining damages. If you have been wrongfully terminated because of a disability or a need for a disability accommodation, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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09 Feb Is Future Employability Something That Courts Consider When Calculating Damages?

Possibly. The key to this issue is that no matter who you are or what disability you have, and for whatever the reason you are wrongfully terminated, you have an obligation to try and mitigate your damages. This means that if you’re terminated, you have to look for another job so that your damages don’t keep growing and growing. For a client who is obviously disabled and would likely have a hard time finding another job, I would argue that the employer who broke the law and engaged in discrimination should be, to a certain extent, responsible for the employee’s inability to secure another job. But it is important for a person who is wrongfully terminated because of a disability to make a good-faith effort to find a comparable job. If you have been wrongfully terminated because of a disability or a need for a disability accommodation, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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05 Feb When Disability Discrimination Limits a Person’s Future Employability

The cruel thing about disability discrimination, both for people who are already disabled or become disabled while employed with a specific employer, is that it is not easy to get another job, despite the fact that there are laws that prohibit disability discrimination for applicants for employment. It still happens and employers do get away with it, especially if the disability is obvious. If someone is wrongfully terminated because of disability discrimination, one could argue that the damage goes beyond the income they lost from being fired because it would be more difficult to find another job. Similarly, someone who is wrongfully terminated because of a disability could arguably experience substantial emotional distress, and in that case, emotional distress damages could possibly be recovered. If you have been wrongfully terminated because of a disability or a need for a disability accommodation, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

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01 Feb Suing an Employer for Failing to Accommodate a Disability

In the instance when the employer refuses to accommodate your disability and you are put in a position where you have to sue, you may be able to sue your employer for your job back or damages? You may also be able to sue to get an employer to provide you with a reasonable accommodation and/or you can sue for your economic and emotional damages that result from discrimination or failure to accommodate. Most disability cases involve wrongful termination because of disability discrimination. In those cases, usually the remedy is to pay the wrongfully terminated employee their lost income, both past lost income for all the time up to and including the judgment at a trial, and then future lost income to a reasonable degree for any time after the trial judgment that a person may be without employment. It is important in a trial to show future lost damages or income. Usually the court will require an expert to discuss the various aspects of how to calculate the loss of income including your work-life expectancy and your life expectancy. That can get kind of complicated, but it is a recovery that may be available to an employee who is wrongfully terminated. If you have been wrongfully terminated because of a disability or a need for a disability accommodation, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation.  ...

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29 Jan Accommodations for Learning Disabilities

Another disability that I’ve seen in my practice is different forms of learning disabilities. One example might be dyslexia, which can affect the speed at which somebody can perform certain tasks, such as reading or writing. If that limits a major life activity, it could qualify as a disability that an employer may have to accommodate and is prohibited from discriminating against. For instance, with certain learning disabilities, your employer could be required to provide an accommodation such as giving you more time to perform certain job duties. There is a limit to what can be a reasonable accommodation. Your employer doesn’t have to provide an accommodation that creates an undue hardship on the employer. But, the accommodation requirements are quite broad, so the employer would have to show a real hardship that they would face if they had to accommodate you. In my practice, almost all the time, especially with larger employers, reasonable accommodations do not in fact present an undue hardship to the employer, even if the employer claims that it does. A court will take a look at it and will want to see evidence of the hardship a reasonable accommodation could cause for the employer. In my experience, more often than not, the court denies the employer’s claim of undue hardship. If you have experienced discrimination by your employer because of a learning disability, or your employer fails to provide you with a reasonable accommodation for your learning disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation.  ...

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