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.