Legal Question in Disability Law in California

Emploiyer not making a good faith effort to accomodate

I have worked for this company for almost 30 years and have an explemplory record. I came down with a serios liver desiese requiring daily chemo therapy that comsumes my energy. I requested some minor accomodations but the company has been less than eager to help and and will gives no explaination.

There is a long version but I will wait to hear from you.


Asked on 9/27/06, 2:31 am

3 Answers from Attorneys

Re: Emploiyer not making a good faith effort to accomodate

First of all we would like to express our heart felt condolences but

I would highly advise you to contact our law office soon. We are very experienced in this area of law and we can help. What this company did to you was NOT fair. Call us at 760.243.5121. We will keep you in our prayers.

Thanks and God Bless.

Read more
Answered on 10/11/06, 7:46 pm
Terry A. Nelson Nelson & Lawless

Re: Emploiyer not making a good faith effort to accomodate

Reasonable accommodation is required. The facts determine what is reasonable. Feel free to contact me to discuss your rights and remedies. We may be able to get them into compliance without legal action.

Read more
Answered on 10/10/06, 5:01 pm
Beth Mora Cooper & Mora, A Professional Corporation

Re: Emploiyer not making a good faith effort to accomodate

I am sorry to hear about your condition, I wish you fast and painless recovery.

An employer (in most circumstances) has a duty to provide a reasonable accommodationg as well as engage in a good faith interactive process with you to determine what is a reasonable accommodation. It sounds as if you already have provided your employer with a written request for an accommodation, but if not, please ensure your request is written. Ask the employer for the accommodation in accordance with your doctor's orders. Ask your employer in writing, if there is any refusal or discourse, what the concern is (of course in a polite fashion) and ask them to engage in the interactive process to find a reasonable accommodation which works for everyone and complys with your medical requirements.

Failure to do either could put your employer at liability. Of course, there are excuses for everything, so I suggest you put everything in writing, be as polite as possible, pushy (because your health comes first) at the same time and work with your doctor to find out what you need.

Ask to speak to your company's human resources, look at the employee handbook for guidance and if this does not work, you may need to seek legal counsel.

You are more than welcome to contact counsel in your area or our office (phone or e-mail) if you have further questions. Best of luck.

Sincerely,

Beth Mora

Read more
Answered on 10/10/06, 5:03 pm


Related Questions & Answers

More Disability Discrimination Law (ADA) questions and answers in California