Legal Question in Employment Law in California

Asked to work while on disability leave

My employer is asking me to work

from home while I am on medical

disability leave. I was asked to do the

same thing last year after I had eye

surgery and was on disability leave for

2 weeks. This time I had another

surgery and my doctor requested I'd

be off for 8 weeks. Do I have a case

against my employer? Thanks!


Asked on 2/15/09, 4:04 am

1 Answer from Attorneys
Arkady Itkin Law Office of Arkady Itkin

Re: Asked to work while on disability leave

What your employer does is certainly unlawful, but... to have a case you have to have suffered damages. If you were to refuse to perform the work your employer assigns you and you would have been terminated, then you would have a range of wrongful termination claims.

I don't encourage you to do this, but having an adverse action taken against you is necessary for having a viable legal claim.

Thanks,

Arkady Itkin

San Francisco / Sacramento

http://www.sanfranciscoemploymentlawfirm.com

Read more
Answered on 2/17/09, 8:22 pm


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