Some employers in California and elsewhere may try to find ways to pressure or otherwise create adverse working conditions to force disabled employees to quit or create situations that will allow for their terminations. An out-of-state woman claims that she lost her job because of her disability and is seeking to right the wrongs against her. She has filed her wrongful termination complaint against her former employer in a federal court.
During the plaintiff's brief tenure she was promoted to a lead hospitalist. As part of her contract, she was not to work for more than 12 hours in one shift. Additionally, she would work for seven days, but would then have seven days off.
The plaintiff had been diagnosed with epilepsy in 2003, but it did not prevent her from having gainful employment. However, in 2014, the plaintiff claims that her contract was disregarded, and she was forced to work beyond her limits. She asserts that she was forced to work a shift that spanned more than 24 hours. These stressful conditions apparently triggered her to have her first seizure in nearly 10 years.
The woman wrote a letter about the insufferable conditions and stated that she was only going to continue working approximately another four months. Ultimately, the woman was fired, even after she had been offered her job back with her original contract stipulations. She alleges that she was fired solely based on her disability and is suing the company for violating the Pennsylvania Human Relations Act and the Americans with Disabilities Act. California employees who believe that they are the victims of a wrongful termination due to their disabilities may choose to file a complaint against their employers in an attempt to be reinstated or otherwise seek financial relief based upon evidence of discrimination.
Source: pennrecord.com, "Former employee accuses Good Shepherd Penn Partners of wrongful termination", Annie Hunt, Feb. 23, 2016