The public policies underlying the California
Fair Employment and Housing Act permit a person who is fired
from her job because of her disability to sue her employer for wrongful
termination in violation of public policy. Only employers of 5 or more persons
are subject to this tort.
A claim of wrongful termination may be filed in a
California State Superior
Court (a trial court) and tried before a jury. A victim of a wrongful
termination can recover compensatory damages (consisting of lost wages and
damages for emotional distress), punitive damages, and court costs.
Claims of wrongful termination are often brought with
claims of disability discrimination. However, unlike disability discrimination
claims, a victim of wrongful termination in violation of public policy need not
complain to the California Department of Fair Employment and Housing before filing a
The statute of limitations for a claim of wrongful
termination is two years.
For a free consultation about disability
discrimination at work with an experienced employee rights attorney, contact
The Spivak Law Firm is a full service employee rights
law firm. David Spivak and his team are proud to represent aggrieved employees
like you in the following matters:
For further information on your rights in the work
place, please visit our other websites: