If my husband got fired after working for a warehouse company for about 3 months and then having a stroke, can we take legal action?

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If my husband got fired after working for a warehouse company for about 3 months and then having a stroke, can we take legal action?

He was only on medical leave for just over a week and the company fired him just before he got released stating that it was his performance.

Asked on November 20, 2012 under Employment Labor Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It would be worth consulting with an employment law attorney and/or contacting your state's equal or civil rights agency, if you believe there were no performance issues and that the reason he was fired was his stroke. Employers are barred from discriminating against employees due to their  disabilities, and a stroke (and its aftereffects) could qualify as a disability. If there were pre-existing performance issues or other problems at work, the employer could almost certainly terminate your husband--the protection for disabled workers doesn't mean they can't be fired for legitimate reasons--but if there were  no such issues, the employer cannot just "make up" some to try to justify terminating someone due to his or her disability.


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