Legal Question in Disability Law in California
ive been with a company 10 years, after getting treatment for bipolar and the insomnia it caused i begain having trouble waking up from the meds i use to sleep etc.. i ask my job for help.. my work performance wonderful and only missed a few days work in 10 years. they will not acomidate me, even though i proved i can still do my job, now they are going to fire me.. is this legal?
2 Answers from Attorneys
A disability must be accommodated, IF it can be done without undue burden or expense on the employer, and IF you can do all the essential elements of your job with such accommodation. If you have submitted to the employer your required doctor's statement specifying the necessary and reasonable accommodations required, and they refuse to accommodate or fail to deal with you in good faith to work out an acceptable accommodation, and if you can show the refusal was improper, you would have a claim under the ADA. If so to all that, feel free to contact me for the legal help you'll need.
Hello,
You might have a legitimate claim for disability discrimination and failure to accommodate your condition. However, more facts about your employment and your bipolar and insomnia symptoms are needed in order to determine that. Thanks, and feel free to follow up.
Sincerely,
Arkady Itkin
San Francisco & Sacramento Employment Lawyer
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