Legal Question in Disability Law in California

Failure to comply?

I was diagnosed with carpal tunnel syndrome in March of 2000. My employer was informed by the physician of the injury and what would be required to accomodate my injury. Nothing was ever done by the company. My work environment was downgraded into a much more painful environment. Is the company responsible for failing to comply with the physician and making my injury that much worse? I was taken off my job due to pain in August of 2000 and was laid off in November of 2001. I am unable to maintain any sort of income due to my inability to work. Is there a case here worth pursuing?

Thank you.


Asked on 10/17/02, 5:53 pm

2 Answers from Attorneys

Re: Failure to comply?

You may have a discrimination/failure to accomodate claim. I am not sure whether the statue of limitations has run, but you should file a complaint with the Department of Fair Employment and Housing immediately. I am not sure what you meant by "taken off my job" but in any event you must file the DFEH complaint by the one year anniversary of your termination.

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Answered on 10/23/02, 12:38 pm
Terry A. Nelson Nelson & Lawless

Re: Failure to comply?

Failure to provide reasonable accomodation, and possible retaliation, give grounds for an ADA based suit, but you have little if any time left to file. You better hire competent counsel quickly. If interested in discussing, contact me with the facts.

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Answered on 10/23/02, 1:23 pm


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