Legal Question in Disability Law in California

can my employer tell me not to return to work even though my doctor released me for modified work


Asked on 2/21/11, 5:05 pm

1 Answer from Attorneys

Arkady Itkin Law Office of Arkady Itkin

Hello,

Generally, policies requiring an employee to be 100% recovered/healthy are illegal. Of course, the important question is why the employer does not want you to return to work. Is there a legitimate reason (such as reduction in force / lay offs), which is perfectly legal, or is it your medical condition / taking time off that lead him to not wanting you back, which would be illegal and considered disability discrimination?

Thanks,

Arkady Itkin

San Francisco & Sacramento Employment Lawyer

www.arkadylaw.com

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Answered on 2/21/11, 8:36 pm


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