Legal Question in Employment Law in California
If I am accused of not being able to perform the functions of my job as a auto mechanic does my employer need to specifically tell me what they have seen me not do? Or can they say a manager saw you have difficulty doing your job multiple times and because of this in order to protect ourselves you have to pass a physical exam to return to work?
1 Answer from Attorneys
Accused??
If they are saying you are doing a lousy job, then you can be fired as an 'at will' employee any time.
If you are claiming you are 'disabled' as defined under the ADA, and entitled to 'accommodation' in your employment, then you and your doctor will have to show you are able to do all the essential functions of your job with accommodation, and what are the 'reasonable accommodations' needed to do so.
If you believe the employer is violating the disability law, feel free to contact me for help.
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