Legal Question in Disability Law in California

Can a company force one to take disability even though the doctor has issued a l

I recently had my 6th foot surgery. My doctor wrote a note saying I may work from home while seated in my wheel chair with my foot elevated using my computer and answer phone calls. My computer equipment at home is supplied and paid for by my company including the DSL connection. I've done this for the last 5 surgerys. This time HR has determined after working from home for one week that they will place me on disability. I want to work. Can they force me NOT to work and take disability against the doctor's recommendation and release to work from home? They have no ''work at home policy'' but numerous employees have company supplied equipment at home and work off hours from home. I am able to perform my job completely from home as well as in the office.

Thank you!


Asked on 6/13/02, 9:53 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: Can a company force one to take disability even though the doctor has issued

Employers are required to reasonably accomodate employees who suffer disabilities, unless the proposed accomodation causes an undue hardship to the company. Given the fact that they have permitted you to work at home previously, it may be difficult for the employer to now claim undue hardship.

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Answered on 6/15/02, 4:31 pm


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