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Mild epilepsy leads to alleged wrongful termination

It is not uncommon for workers with disabilities nationwide, including in California, to suffer workplace discrimination. For that reason, the Americans with Disabilities Act is in place for the protection of the rights of these workers. Unfortunately, such discrimination often leads to wrongful termination.

An electrical company in another state is facing a lawsuit that was filed by a former employee, claiming termination in violation of the disability law. The lawsuit states that the plaintiff was employed on a temporary basis in March of 2014, and after performing his duties adequately, the defendant offered him a permanent position six months later. However, the plaintiff suffers from a mild form of epilepsy and is under treatment for the condition.

The plaintiff asserts that the last epilepsy episode he experienced occurred in Feb. 2014, but he has to go for regular medical evaluations. The complaint states that one such doctor’s appointment was scheduled for a day in September, and his supervisor allegedly told him to bring a verification note from the doctor. The human relations department then required a neurologist report of work clearance, and he was suspended pending this release.

The plaintiff claims that his employer received the work release from the neurologist about 10 days later, at which time he was informed that he was not regarded suitable for the position, and he was discharged. The plaintiff contends that his termination was based on his medical condition, and he was offered no accommodation or engagement. In addition to the loss of income potential that was brought about by the alleged wrongful termination, the plaintiff claims to have suffered reputation damage, humiliation, distress and anguish.

A minimum of $150,000 is sought by the plaintiff in the recovery of monetary losses along with interest and legal costs. California workers who believe they have been terminated because of their disabilities may also pursue recovery of losses by taking legal action. Disability discrimination is unacceptable, and a wrongful termination claim may be filed in a civil court. Properly documented details of financial losses, and successful presentation of the claim may lead to a monetary judgment against an employer who violated the disability laws.

Source: pennrecord.com, “Worker with mild epilepsy sues Rumsey Electric Co. over wrongful termination claims”, Sept. 8, 2015


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