The court found that the termination of an employee's employment was not wrongful but justified. Employers can ask applicants about their ability to commit to being on time and inquire further if the applicant mentions any limitations. In a recent case, the reason for an employee's repeated tardiness was determined to be caused by a disability. Terminating an employee due to performance issues caused by a disability is not only unfair, but also illegal under the federal Americans with Disabilities Act (ADA) and California's employment laws. The ADA defines a disability and prohibits discrimination against employees with disabilities. Employers can terminate employees for misconduct or inadequate job performance, even if it is related to a disability. However, if an employee's tardiness is due to a disability, they may have a claim under the ADA. Wrongful termination due to disability is unlawful and can result in liability for the employer.