Can you legally fire an employee with a disability in California? It’s one of the most important—and most misunderstood—questions employers face. In this blog, we’ll break down the difference between wrongful termination vs. lawful termination in disability discrimination claims in California, and explain how to protect your business from costly legal mistakes.
At Rupal Law, we help California employers understand their legal responsibilities and make informed, defensible decisions when facing complex employment issues.
California’s Disability Discrimination Laws
Before exploring what makes a termination lawful or wrongful, you need to understand the two key laws that apply in California:
- Americans with Disabilities Act (ADA): Federal law that protects qualified individuals with disabilities from discrimination in the workplace
- Fair Employment and Housing Act (FEHA): California’s state law that provides broader protections than the ADA and applies to employers with five or more employees
Under both laws, it is illegal to terminate an employee because they have a disability or because they requested a reasonable accommodation. However, that doesn’t mean employers must retain an employee who cannot perform the essential functions of the job, even with accommodations.
What Is Wrongful Termination?
Wrongful termination in California happens when an employee is fired for a reason that violates state or federal law. For employees with disabilities, this often includes:
- Firing an employee after they disclose a disability
- Terminating someone who requested a reasonable accommodation
- Letting someone go while they are on protected medical leave
- Failing to engage in the interactive process before deciding to terminate
- Retaliating against an employee for exercising their legal rights under the ADA or FEHA
Even if your reason seems valid, timing and lack of proper documentation can make it appear discriminatory under California law.
What Is Lawful Termination?
Lawful termination occurs when an employer has a clear, documented, and non-discriminatory reason to end employment, and has complied with legal obligations under ADA and FEHA.
Examples of lawful termination include:
- The employee cannot perform essential job functions even with reasonable accommodations
- The employee has violated established company policies (and other employees are held to the same standard)
- The employee has exhausted all available leave, and further time off would create an undue hardship
- A company-wide layoff or restructuring impacts multiple employees, including the disabled individual
- The employee’s position is being eliminated for legitimate business reasons unrelated to the disability
To be protected from claims, you must show that you explored all reasonable accommodations and followed a fair, consistent process.
The Interactive Process: A Legal Requirement in California
Under both ADA and FEHA, California employers are legally required to engage in a good-faith interactive process before making employment decisions involving disabilities.
This process includes:
- Discussing the employee’s needs and limitations
- Identifying the essential functions of the job
- Exploring possible accommodations that may help the employee continue working
- Considering whether proposed accommodations are reasonable or create an undue hardship
Failure to conduct this process—or going through the motions without serious effort—can expose you to legal risk, even if the termination appears justified.
Common Employer Mistakes That Lead to Lawsuits
Here are some of the most common errors employers in California make when dealing with disabled employees:
- Not documenting conversations, accommodations, or performance issues
- Skipping or rushing the interactive process
- Letting managers make decisions without HR or legal input
- Treating disabled employees differently from others
- Terminating soon after a disability disclosure or leave request
- Failing to offer or even consider modified duties, flexible schedules, or temporary leave
These missteps often lead to wrongful termination claims that could have been prevented with the right approach.
How to Protect Your California Business
To avoid legal problems, here are some best practices for California employers:
- Consult with an employment attorney before terminating an employee with a known or suspected disability
- Engage in the interactive process in good faith and explore all possible accommodations
- Keep written documentation of all performance reviews, disciplinary actions, and accommodation efforts
- Ensure consistent enforcement of your company’s policies across all employees
- Include ADA and FEHA training for your HR team and supervisors
If you must proceed with termination, ensure that the decision is well-documented, supported by facts, and not influenced by the employee’s disability status.
How Rupal Law Can Help
At Rupal Law, we specialize in defending California employers in disability discrimination and wrongful termination claims. We help businesses across industries make confident, lawful employment decisions—while reducing the risk of costly litigation.
If you’re considering terminating an employee with a disability or facing a potential claim, get legal advice before taking action. We’ll guide you through the correct legal process to protect your company and reputation.
Call Rupal Law today at (951) 460-0830 to schedule a confidential consultation.
Our California disability discrimination defense lawyers help businesses in Los Angeles, Inland Empire, Orange County, and all of Northern and Southern California avoid legal pitfalls and stay protected under the law. Let us help you make the right call—before it becomes a legal issue.
