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Providing legal counsel to San Jose and the Bay Area for over 30 years in the areas of criminal defense, personal injury, employment and disability law.
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Protecting Your Disability Rights

Posted on in Employment

No employer is legally permitted to deny you employment because of a disability. If you're qualified and meet all the requirements in the job description, you must be equally considered for the position.

Your disability should not be a deciding factor when employers offer benefits packages. Although the option to utilize company benefits is your choice, if it's their policy to offer them (typically after a probation period), you are entitled to them.

An employer does not have the right to take your disability into consideration when making layoff decisions. This decision (although one of the hardest and trickiest) should be based solely on economics.

No employer is permitted to pass you up for a promotion based on your disability. If you've put in the time, possess the skills, met all the requirements and have exceeded expectations, there is no reason why you should be passed up.

No employee or company is allowed to harass you about your disability. You are legally entitled to make a formal complaint through your HR (Human Resources) department if such action occurs. Also, no employee or company is allowed to retaliate against you once said action is filed.

You can also not be terminated from a position because of a disability or perceived disability. Your employer must have grounds for terminating you. Typically, there is a process they need to follow (warnings, write-ups, etc.) prior to the termination.

If you feel you've been discriminated against because of your disability and want to pursue legal action or have questions, feel free to contact us. The worst questions are the ones you don't ask. Don't be a victim and do nothing about it.

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