Life Expectancy Archives

12 Feb Calculating Work-Life Expectancy Damages

Posted at 09:46h in Accomodations, ADA, Calculating Damages, California Law, CFRA, Damages, Disability, Disability Discrimination, Economists, Emotional Distress, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Leave of Absence, Life Expectancy, Loss of Employment, Loss of Income, Major Life Activity, Medical Condition, Work-Life Expectancy, Wrongful Termination

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....

01 Feb Suing an Employer for Failing to Accommodate a Disability

Posted at 09:35h in Accomodations, ADA, California Law, CFRA, Damages, Disability, Disability Discrimination, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Life Expectancy, Loss of Employment, Loss of Income, Mental Disability, Protected Categories, Short Term Disability, The Rehabilitation Act for Federal Employees, Work-Life Expectancy, Wrongful Termination

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. ...

02 Dec Degenerative or Progressive Conditions: FEHA’s Protection of Employees from Future Discrimination

Posted at 10:10h in Accomodations, ADA, Calculating Damages, California Law, CFRA, Congenital Heart Defect, Damages, Degenerative or Progressive Conditions, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Essential Functions, Failure to Accommodate, FEHA, FMLA, Hiring Preference, HIV/AIDS, Life Expectancy, Litigation - Suing Your Employer, Long Term Disability, Loss of Employment, Loss of Income, Major Life Activity, Mediation, Medical Condition, Mental Disability, Protected Categories, Remedies, Resignation, Settlement, Trial, Undue Burden, Undue Hardship, Work-Life Expectancy, Wrongful Termination

The FEHA prohibits discrimination of physical or mental disabilities that actually exist, or that they believe to exist, even though it doesn’t actually exist. It is also unlawful for an employer to discriminate against an employee who doesn’t currently have a disability but may have a disabling condition sometime in the future. For instance, if an employee has HIV, but not AIDS, they may not presently have any limits on their major life activities. But, if the employer knows that at some point in the future they could become disabled by AIDS, then they might discriminate against that employee. The FEHA clearly prohibits that. Similarly, if someone has some kind of congenital heart disorder, it may not presently constitute a disability because it doesn’t cause limits on their major life activities. But, if the employer believes that in the future it may, they may also discriminate against that employee, and they are prohibited from doing so. There are other examples, but the main point is that if you have an issue or condition that is not presently disabiling, but may become disabling sometime in the future, the fact that it may become disabling prevents an employer from discriminating against you. If you have been discriminated on the basis of your disability by your employer, or future potential disability, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....