Wrongful Termination Due to Illness in California: Laws, Employee Rights & Legal Options

• Feb 01, 2022
• Blog
• Michael Burgis & Associates, P.C

Are you a victim of an unlawful termination due to illness? Or because you were helping a family member who was ill?

If so, you have legal options that can help you obtain just compensation for your losses. Being terminated because of an illness is disability discrimination, and it is a form of unlawful termination.

Understanding Your Employment Rights in California

Being in a situation where you cannot work because of an illness—either yours or a loved one’s—is a terrible burden to bear. Those who become sick never ask for their illness. At the same time, no one is immortal. And sadly, illness is a part of life.

When illness strikes an individual or a family, laws in the state of California are in place to protect affected employees from wrongful termination.

Laws That Protect You

• FEHA (Fair Employment and Housing Act) – Under California Gov. Code §12940, employers cannot terminate or discriminate against employees due to medical conditions or disabilities.
• ADA (Americans with Disabilities Act) – Employers must provide reasonable accommodations unless doing so causes undue hardship.
• FMLA (Family and Medical Leave Act) – Grants up to 12 weeks of unpaid leave for employees to recover from illness or care for a sick family member.
• CFRA (California Family Rights Act) – Extends FMLA protections, covering more family relationships and running concurrently with FMLA in some cases.
• Pregnancy Disability Leave Act (PDL) – Protects employees who require leave due to pregnancy, childbirth, or related conditions.

What Constitutes Unlawful Termination Due to Illness?

Employers cannot take an adverse employment action—such as firing, demoting, reducing pay, cutting hours, or refusing promotion—because of:

• Your illness or medical condition
• Your request for medical leave (self or family)
• Your need for reasonable accommodation
• Your association with someone who has a disability or illness
• Pregnancy-related conditions requiring protected leave

If they do, this is illegal under California law, and you may have grounds to bring a case.

Employer Obligations Under California Law

Employers in California are legally required to:

• Engage in the Interactive Process: Work with employees to determine reasonable accommodations (modified duties, schedule changes, remote work).
• Grant Protected Leave: Provide eligible employees leave under CFRA, FMLA, or PDL.
• Provide Reasonable Accommodations: Unless they can show undue hardship.
• Avoid Retaliation: It is illegal to punish an employee for requesting accommodations, filing a complaint, or exercising legal rights.

Failure to meet these obligations exposes employers to lawsuits for wrongful termination and disability discrimination.

Action Steps if You Were Terminated Due to Illness

Suppose you’ve found yourself in a situation similar to the one described above. In that case, several factors will determine whether you have a legitimate claim:

• Was your termination directly tied to your medical condition or request for leave?
• Did your employer deny you accommodations or fail to follow leave policies?
• Did you receive an adverse action shortly after requesting protected medical leave?

What You Should Do

1. Document Everything – Keep termination letters, emails, HR records, and medical notes. These are critical pieces of evidence.
2. File an Administrative Complaint – In California, most wrongful termination cases involving discrimination must first go through the California Civil Rights Department (CRD) or the EEOC.
3. Consult an Attorney – An employment attorney can assess your evidence, calculate damages, and guide you through settlement or litigation.

What Evidence Do You Need for a Claim?

Building a strong wrongful termination case often depends on documentation. Evidence may include:

• Doctor’s notes showing medical necessity for leave or accommodation
• Copies of your leave requests (FMLA/CFRA/PDL)
• Emails or memos showing denial of accommodations
• Termination letter or write-ups shortly after leave requests
• Witness statements from coworkers
• Patterns of retaliation or harassment

The stronger your documentation, the stronger your case.

Retaliation and Constructive Discharge

Wrongful termination isn’t always obvious. Sometimes, instead of outright firing, an employer may:

• Retaliate by reducing hours, pay, or responsibilities
• Create a hostile work environment
• Pressure you to resign by making work conditions intolerable (constructive discharge)

These situations are just as unlawful as direct termination if tied to your medical condition or request for leave.

Remedies and Compensation Available

If you win a wrongful termination lawsuit in California, you may be entitled to:

• Reinstatement – Returning to your position
• Back pay and lost wages – Compensation for income you lost after being fired
• Compensatory damages – For emotional distress, pain, and suffering
• Punitive damages – If the employer acted with malice or reckless disregard
• Attorney’s fees and court costs – Often recoverable in discrimination cases

Do Wrongful Termination Cases Settle or Go to Trial?

Many wrongful termination cases in California are resolved through settlement, often during mediation or mandatory settlement conferences. Settlements can save time, reduce costs, and provide certainty.

However, if an employer refuses to negotiate or the violation is severe, the case may proceed to trial before the Workers’ Compensation Appeals Board (WCAB) or civil court. Having an attorney experienced in both negotiations and trial advocacy is critical.

FAQs – Wrongful Termination Due to Illness

Can my employer fire me for being sick in California?

Not if FMLA, CFRA, FEHA, ADA, or PDL cover your absence. Termination under these circumstances is unlawful.

What if I was fired for taking care of a sick family member?

Under CFRA and FMLA, you may take protected leave to care for a spouse, parent, child, or registered domestic partner. Firing you for this is illegal retaliation.

Do employers have to provide accommodations for illness?

Yes. Under the FEHA and ADA, employers must engage in the interactive process and provide reasonable accommodations, unless doing so would cause undue hardship.

What damages can I recover?

Damages may include reinstatement, lost wages, emotional distress, punitive damages, and attorney’s fees.

How long do I have to file a claim?

In California, you generally must file with the Civil Rights Department (CRD) within 3 years of the unlawful termination.

Were You Wrongfully Terminated Because of an Illness? Contact Michael Burgis & Associates Today

At Michael Burgis & Associates, we specialize in employment law and protecting the rights of workers across California.

If you were the victim of discrimination or wrongful termination due to a medical condition, our attorneys can help you:

• Determine if your termination violated FEHA, CFRA, ADA, FMLA, or PDL
• File with the CRD/EEOC and meet strict legal deadlines
• Fight for maximum compensation, whether through settlement or trial

Don’t wait. Contact us today to schedule your free consultation. We’ll evaluate your case and fight to hold your employer accountable.