Short Term Disability

21 Feb Possible Mediation Outcomes

Posted at 09:58h in Accomodations, Calculating Damages, CFRA, Damages, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Failure to Accommodate, FEHA, FMLA, Hiring Preference, Leave of Absence, Long Term Disability, Loss of Employment, Loss of Income, Mediation, Medical Condition, Mental Disability, Physical Disability, Re-Employment, Remedies, Resignation, Settlement, Short Term Disability, Trial, Work-Life Expectancy, Wrongful Termination

One of the possibilities in mediation settlement is for the employer to agree to reinstate the employee to the position that they held before they were demoted, or to increase the employee’s pay back to their original pay before their pay was reduced. Mediation can also provide the employee with money for any economic harm or emotional distress that they suffered because of discrimination. For example, if you were paid less, you could, in a mediation, get the employer to agree to reimburse you for the difference of what you were originally paid with what they were paying you when they reduced your salary. However, if you sue your employer, chances are there is going to be some, if not a lot, of friction. Often, in a mediation, an employer will demand, as part of a settlement that involves a payment of substantial money, that the employee resign from their employment and agree never to seek re-employment with that employer in the future. That is not always easy to accept, but if the employer is willing to pay enough money to settle the case, then it may be worth it to resign from your job and agree never to reapply for any job with that same employer. That’s a tough decision to make. Some people would rather have steady income than take a big lump sum of money and have to find a new job. Each case is different, and you have to weigh the risks and benefits of each decision. It is important to consider all of these things if you decide to take legal action against your employer while still employed. For people who have been terminated, the decision is much easier. If they have been wrongfully terminated, there is not going to be the issue of awkwardness or friction at the workplace, because they are no longer there. That makes the decision of taking legal action easier. But, just because you are still employed, by no means should you automatically give up your legal rights to stay with the employer. If you have been discriminated on the basis of your disability by your employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation....

18 Feb Disability Discrimination and Continuing Employment – Is Mediation the Answer?

Posted at 09:54h in Accomodations, Calculating Damages, California Law, Damages, Disability, Disability Discrimination, Employment Discrimination, Failure to Accommodate, FEHA, FMLA, Hiring Preference, Long Term Disability, Mediation, Protected Categories, Remedies, Settlement, Short Term Disability, Trial, Wrongful Termination

Most likely, if somebody is still employed but they experience disability discrimination other than termination; for instance, their job duties or responsibilities are reduced, they get demoted or their pay is reduced simply because they have a disability, then you may still have a disability discrimination case that is worth pursuing. It is awkward to say the least, however, to sue an employer when you are still working for the employer. That’s not to say it doesn’t happen, but in those cases, often the best course of action for all parties involved, especially the employee with the disability, is to try and resolve the case short of going to court or having a trial. Mediation is a voluntary process. The parties don’t have to accept a settlement. But, there is a lot more room for creativity if a case is settled in mediation or other negotiations as opposed to having to take a claim to trial and get a judgment. If you have been discriminated on the basis of your disability by your current employer, contact an employment lawyer today at the Khadder Law Firm for a free initial consultation. ...

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

Posted at 09:44h in Damages, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Failure to Accommodate, Long Term Disability, Loss of Employment, Loss of Income, Mental Disability, Short Term Disability, Work-Life Expectancy, Wrongful Termination

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....

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

Posted at 09:40h in Accomodations, ADA, California Law, CFRA, Damages, Disability, Disability Discrimination, Emotional Distress, Employment Discrimination, Failure to Accommodate, FEHA, FMLA, Long Term Disability, Loss of Employment, Loss of Income, Mental Disability, Physical Disability, Protected Categories, Short Term Disability, Work-Life Expectancy, Wrongful Termination

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....

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. ...