Legal Question in Disability Law in California

go back to work

I have been off work about 8 weeks under doctors care the entire time. I have provided my employer with doctors note and have receive short time disability payments, my job requires me to stand on my feet all day. now my doctor says i can't do that kind of work anymore on off work order. Does employer have to give another position this is one of the largest retailer in the USA, I have been with company 9 years have no write up in my file, however not real popular at times cause I speak my mind. Can they prove it would be a hardship to give me another position

if open. I informed them on Monday and they said they would get back to me I called on Tues and they were still unable to tell me what to do its Wed. How long must I wait the doctors note says if no light duty I should remain off work today would be the day that note picks up from last off work.please let me know what to do.


Asked on 7/02/03, 2:42 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Re: go back to work

If you have a 'disability' within the meaning and definition of the law, the employer must accommodate reasonable restrictions. It sounds like you just have a work restriction, but whether it amounts to a disability is the question. The Company policy manual may answer your question whether they have to offer alternative position, absent disability. If you don't get satisfaction from HR of company, then you could hire an attorney to intervene. Contact me if interested in doing so.

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Answered on 7/03/03, 8:58 pm


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