Disability

What Happens If You Are Wrongfully Dismissed During a Disability Leave?

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Losing your job is never easy. But when it happens while you are on disability leave, it can feel like a double blow. In many cases, it may also be unlawful.

This article will help you understand your rights, the laws that protect you, and what steps to take if you believe you have been wrongfully dismissed while on disability leave. 

We will walk you through what happens if you are wrongfully dismissed during a disability leave. Understanding these protections can help you protect your livelihood, your health, and your dignity.

The Legal Framework: Your Rights and Protections

The Family and Medical Leave Act (FMLA)

The Family and Medical Leave Act exists to protect employees who need to take time off for serious health conditions, including those that make it impossible to work. If you qualify, you are entitled to up to 12 weeks of unpaid, job-protected leave.

FMLA job protection means your employer cannot legally fire you just for taking approved leave. When your leave ends, you have the right to return to your position or an equivalent one.

What Constitutes Wrongful Dismissal?

Defining Wrongful Dismissal on Leave

Wrongful dismissal during disability leave can include:

  • Being fired for using FMLA leave.
  • Being terminated after requesting an accommodation for your disability.
  • Being let go because of your employer’s perception of your disability.

Recognizing Red Flags

Pay attention to warning signs such as:

  • Termination immediately after you request or take leave.
  • Negative remarks about your health or disability.
  • Receiving different treatment than co-workers without disabilities.

If you notice these, it may be time to take legal action.

Taking Action: Filing a Wrongful Dismissal Claim

Initial Steps to Take

  • Document everything — medical records, emails, texts, performance reviews, and notes from conversations with your employer.
  • Consult a legal professional as soon as possible. An employment lawyer can assess whether your rights were violated.

The Formal Process

  • File a discrimination complaint with the EEOC or your state’s human rights agency.
  • Act quickly. You usually have 180 to 300 days to file, depending on your state.
  • Wait for a “right to sue” letter from the agency before filing a federal lawsuit.

Potential Outcomes: Back Pay, Damages, and Other Remedies

Reinstatement vs. Compensation

While reinstatement is possible, many employees opt for financial compensation instead, especially if returning to the workplace is not realistic.

Financial Compensation

  • Back pay for lost wages and benefits.
  • Front pay for future earnings if you can’t return to work.
  • Other damages for emotional distress and, in rare cases, punitive damages to penalize intentional misconduct.

The Role of a Lawyer

An experienced personal injury lawyer, choose Chorney Sidhu Injury Lawyers, who can guide you through negotiations, mediation, or a full lawsuit if needed. They’ll work to ensure you get the best possible outcome.

You know what to do… Call Chorney Sidhu

Laws like the FMLA exist to protect you from losing your job simply because you needed time to heal. With careful documentation and the right legal support, you can fight for fair treatment, recover lost wages, and protect your dignity.

Call Chorney Sidhu Injury Lawyers at (844) 487-8482 to schedule a free initial consultation to learn more about how we may assist you.