Wrongful Termination

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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15 Dec Degenerative Diseases: Must An Employer Keep You on Until You Are Unable to Perform the Essential Functions of Your Job?

It is important to note that if you cannot perform the essential functions of your job, even with an accommodation, then the employer does not have an obligation to keep you employed. This is where the accommodation requirement is essential - so that people who have disabilities or degenerative medical conditions will have reasonable accommodations for as long as they can perform the essential functions of their job with the accommodation. If it comes to the point where, despite all of the reasonable accommodations, the employee cannot perform the essential functions of their job, then the employer may not be required to keep them employed. The question of what are essential functions are taken on a case-by-case basis: It’s a fact-intensive inquiry. Ideally, the essential functions will be construed as narrowly as possible, because employers will often argue that there is a whole list of essential functions even though there really are only one or two essential functions. The challenge is to narrow this lists of essential functions so that an employer is not permitted to terminate you because you can’t perform something they claim is an essential function, but is, in fact, objectively not. 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.  ...

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