Firing a disabled employee is a sensitive and serious matter—especially in California, where employment laws are among the strictest in the country. In this Firing Disabled Employees: CA Employer Defense Guide, we’ll explain how employers can protect themselves when facing a wrongful termination claim involving a worker with a disability. If you’re an employer facing this situation, don’t wait—contact Rupal Law at (951) 460-0830 for experienced legal guidance tailored to California employment law.
Understanding Disability Rights Under California Law
California law protects employees with disabilities under both the Fair Employment and Housing Act (FEHA) and the Americans with Disabilities Act (ADA). These laws make it illegal to fire, harass, or otherwise discriminate against someone because of a physical or mental disability.
Employers must provide reasonable accommodations unless doing so would cause an undue hardship. If an employee can still do their job with accommodations, the law expects you to provide them. Unsure about what qualifies as “reasonable”? Call Rupal Law at (951) 460-0830 to get clear answers before making a costly mistake.
Can You Legally Fire a Disabled Employee in California?
Yes, but only under the right circumstances. You cannot fire someone because they have a disability. But you can let them go for legitimate business reasons—like poor performance, policy violations, or company restructuring—as long as those reasons are not related to the person’s disability.
To protect yourself, always document:
- The employee’s job performance
- Any workplace misconduct
- The business reason behind the termination
This documentation shows that the firing was based on facts—not discrimination. If you need help building a defensible file before terminating an employee, contact Rupal Law today at (951) 460-0830.
What Counts as a Wrongful Termination?
In California, wrongful termination happens when an employer fires someone for an illegal reason. That includes:
- Firing someone because they have a disability
- Not making reasonable accommodations
- Retaliating after an employee complains about discrimination
- Violating written or implied employment agreements
If an employee files a claim, they may ask for lost wages, emotional distress damages, and even their job back. Don’t risk going it alone—Rupal Law is here to help California employers stay compliant.
Common Employer Mistakes to Avoid
Even good employers make mistakes when dealing with disability-related terminations. Here are a few you’ll want to avoid:
- Not Engaging in the Interactive Process
California requires that you talk with the employee about their needs. This is called the interactive process. If you skip this step, a court may see it as discrimination.
- Assuming a Disabled Worker Can’t Perform
Never assume someone can’t do their job. You need clear proof—like medical records or job evaluations—that show they can’t meet job requirements, even with help.
- Failing to Document Everything
Always keep records of conversations, warnings, accommodations offered, and performance reviews. Without proper documentation, it becomes your word against the employee’s.
- Using Inconsistent Discipline
If you’ve let other employees get away with the same mistakes, firing a disabled employee for them looks suspicious. Be consistent.
Rupal Law can review your current processes and help you fix any gaps before they become legal liabilities. Call us at (951) 460-0830 to schedule a consultation.
How to Defend Against a Wrongful Termination Claim
If you’re facing a claim, here’s what you can do to build a strong defense:
Step 1: Gather All Documentation
Pull together:
- Performance reviews
- Written warnings
- Emails
- Notes from HR meetings
- Any accommodations you offered
This helps prove the firing was based on performance or conduct, not disability.
Step 2: Show You Followed the Law
Demonstrate that:
- You went through the interactive process
- You offered reasonable accommodations
- The termination was not retaliatory
Step 3: Work With Legal Counsel
Employment law is tricky. If you’re facing a claim, talk to a qualified California employment law attorney. The team at Rupal Law has extensive experience defending employers across California. Reach us now at (951) 460-0830.
Best Practices to Prevent Claims in the First Place
Avoiding problems before they happen is your best protection. Here’s how:
- Train managers and HR staff on disability rights
- Update your employee handbook to include clear policies on accommodations
- Stay consistent with all employees—disabled or not
- Act early when you see performance or conduct issues
- Don’t rush the termination process—slow down and document everything
If You Must Terminate a Disabled Employee in California: Do the Right Thing—The Right Way
Firing a disabled employee can be done legally, but it must be done carefully. In this Firing Disabled Employees: CA Employer Defense Guide, we showed how following the law, staying fair, and keeping good records can help you protect your business from wrongful termination claims.
Need legal advice before taking your next step? Contact Rupal Law at (951) 460-0830. We help California employers make smart, compliant decisions that reduce legal risk and protect their bottom line. Proudly serving clients in Los Angeles, Inland Empire, Orange County and all of California.
