Can a government employee be fired for a medical disability?

The record of a government employee who is fired for any reason and who later wins disability retirement shows up as a disability separation and not as a firing. So if you were fired for a medical disability and are considering applying for federal disability retirement with OPM, I say go for it!

Can a company fire you if you have a disability?

If you are on unpaid leave from work because of a serious health condition, you may qualify to receive disability benefits. But even if you are collecting workers’ compensation, Social Security or other disability insurance benefits, your employer can’t use that as a reason to fire you, Nolo says.

Can a employer fire me because I had a medical problem?

When an employee still cannot return to work in their former capacity, they or their employer may have no choice but to end the employment relationship. This could qualify as a legal termination of employment due to illness, and the worker can fill out an unemployment form to see if they qualify for unemployment.

Can a employer reject you because of your disability?

However, an employer cannot reject you because of information about your disability revealed by the medical examination, unless the reasons for rejection are job-related and necessary for the conduct of the employer’s business.

What happens if you are fired because of a disability?

If you were fired because of a disability, you may have legal claims against your former employer. Under the Americans with Disabilities Act (ADA), employers may not discriminate against qualified people with disabilities, and must make reasonable accommodations to allow such employees to do their jobs.

Can a person be fired because of a medical condition?

Quitting a job for medical reasons or being fired for poor attendance related to a medical condition might qualify an employee for temporary unemployment. The employee would only qualify after they recovered from their condition, because they have to able to eventually return to work in order to receive unemployment benefits.

Can a company discriminate against someone with a disability?

Under the Americans with Disabilities Act (ADA), employers may not discriminate against qualified people with disabilities, and must make reasonable accommodations to allow such employees to do their jobs. If you had to take time off for your disability, you may also be protected by the Family and Medical Leave Act (FMLA).

Can a company fire you while you are on FMLA?

Therefore, if your employer fired you while you were out on FMLA leave, because of your disability, you might well have an FMLA claim. For more information, see Nolo’s article on when you can be fired because of disability leave. If you were fired because of your disability, you should talk to an experienced employment lawyer right away.