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