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Can you sue if you are terminated for mental health issues?

In California, employees have protections against wrongful termination related to mental health issues and workplace accommodations. Understanding these rights can help if you face discrimination.

California laws on mental health and employment

California law prohibits discrimination against employees with mental health issues. The Fair Employment and Housing Act (FEHA) protects workers from being fired due to their mental health conditions. Employers must offer reasonable accommodations for their employees’ mental health needs. The only time there is an exception is when the accommodations would result in significant difficulty or expense.

What is wrongful termination?

An employer commits wrongful termination by firing an employee for illegal reasons, such as discrimination based on mental health. If you request reasonable accommodations for your mental health condition and your employer fires you without accommodating your needs, you may have grounds for a wrongful termination lawsuit.

Steps to take if terminated wrongfully

Record your mental health condition, accommodation requests, and communications with your employer. These records are crucial evidence for a potential lawsuit.

If you believe your termination resulted from your mental health condition or accommodation request, report it to the California Civil Rights Department (formerly the Department of Fair Employment and Housing, or “DFEH”). You can request that the Civil Rights Department investigate your claim.

You can also explore filing a wrongful termination lawsuit against your employer. This step allows you to pursue compensation for lost wages, emotional distress, and other damages.

Protecting your rights

Knowing your rights regarding mental health and workplace accommodations is crucial in California. Employers must respect these rights and provide accommodations. If your employer fails to do so, and they terminate you, you can challenge their action.

California employees should understand their rights in regard to wrongful termination over mental health. Understanding laws and documenting discrimination allows you to protect yourself and seek justice.

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