Sick & Fired

It is Illegal to Fire an Employee for a Serious Illness

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It is Illegal to Fire an Employee for a Serious Illness

Unfortunately, it isn’t uncommon for an employee to get fired after revealing a serious health condition, such as cancer or other life-altering illnesses or conditions. The employer may never admit the real reason for the termination—they typically try to justify the termination with excuses such as “poor performance,” “business slowdown,” or “no longer the right fit.” However, it’s usually the case that none of these concerns were voiced before the onset of the employee’s illness.


At-will employment doesn’t allow an employer to fire you because of your illness or condition.

There are laws intended to protect employees with serious health conditions. In fact, it is illegal to fire an employee because of a serious illness, and employers are required by law to make reasonable accommodations for employees with qualifying conditions, which might include time off for treatment or modification of job duties. The ADA and FMLA, as well as many state laws, provide employees with broad protections intended for employees at their most vulnerable—when their health is failing.

Morgan & Morgan is here to help. We hold employers accountable for violating your rights the only way we can—by making them pay. Our skilled employment attorneys will review the facts of your case and assess whether your rights have been violated. Schedule a free consultation with a member of our premier legal team today. Complete the simple contact form on the Morgan and Morgan website to arrange a no-cost case evaluation.

If you’ve been…. 

  • Fired for a bogus reason after you disclosed a serious illness   
  • Fired because you had too many doctor appointments
  • Fired because you used up your 12 weeks of FMLA leave

You may have a case!

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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

Morgan & Morgan

  • Protections Under the Americans With Disabilities Act (ADA)

    The ADA and similar state laws define the term “disability” very broadly to include physical and mental conditions.  If the illness or condition affects major life activities, such as working, sleeping, concentrating, lifting, walking, talking, seeing, or hearing, it likely qualifies as a disability. Examples of disabilities include:

    • Cancer
    • Depression
    • Back injuries
    • Multiple Sclerosis
    • Arthritis
    • Leg injuries
    • Parkinson's
    • Addiction
    • Anxiety
    • Other physical or mental impairments

    Compensation Available

    The applicable laws reflect that losing a job because of an illness or condition can be devastating financially and emotionally. Compensation to victims may include:

    • Back pay, including lost benefits and bonuses 
    • Emotional distress damages
    • Front pay
    • Punitive Damages
  • Should I Pay Upfront Legal Fees When Hiring a Lawyer?

    No. Victims of wrongful termination have enough problems. When an unscrupulous employer has wronged you, the last thing you should worry about is the cost of legal representation. 

    Because of this, the compassionate legal professionals at Morgan & Morgan are paid through contingency fees. This means that our clients only pay for legal representation if we successfully settle or win your case. 

    Unless you receive the money you deserve, you will not pay any attorneys’ fees. Upon taking your case, our attorneys will agree to represent you for a percentage of the recovery from your case.  

    This payment structure ensures that your legal representative is working tirelessly in your best interests. Our legal team will never accept an inadequate settlement in your wrongful termination case.


  • Calling in Sick Too Many Times

    Taking a sick day without employer approval may result in valid termination in some states. This is also true for taking too many sick days.  

    In these cases, businesses may cite the way the sick time affected your job performance. For instance, if the sick days caused you to miss an important work deadline, your employer could cite the loss of productivity as a reason for firing you. 

    This scenario can even occur in states where sick leave is required. Employees are not guaranteed an unending number of sick days. This is even true in states with extensive regulatory protections for workers.

  • Morgan and Morgan Is Here for You

    Don’t wait. Many of the laws intended to protect you have very short deadlines for taking action. 

    For over three decades, our team has fought diligently for our workplace clients, from blue-collar workers to C-suite executives. It doesn’t matter what the job is, everybody deserves to be protected when they are most vulnerable. We know what is needed to file a successful employment lawsuit.  

    When you contact our firm, we will gladly provide you with a no-obligation case evaluation. A member of our knowledgeable legal team will review your claim and help you determine the best course of action. 

    Hold employers accountable. Fill out the Morgan & Morgan online contact form to schedule your free case evaluation with a member of our team today.

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“I was in a difficult situation when I was injured by a faulty product. I was hesitant to seek legal help but with the help of Morgan & Morgan, they made the process easy. They took immediate action and got me the compensation I deserved. I couldn't have done it without them. I highly recommend their services.” Estate of Patricia Allen v. RJ Reynolds, et al. | 2014

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