Legal Question in Employment Law in California
Employment Law
I help to run a small business. An employee who has a known disability has provided proper forms for time off for a surgery. Due to economic reasons, we need to reduce the amount of hours for all employees. The employee will be off for approx six weeks, this may be more due to the additional disability. How do we go about her return to work, when the hours will need to be restricted.
2 Answers from Attorneys
Re: Employment Law
Disabled employees are subject to all the same job actions as anyone else, you just can't single them out for 'discrimination'. However, you risk them claiming it was any time you do something. So, consult with experienced local counsel to review all the facts, documents, etc., and prepare a carefully drawn notice to be sent to all employees, including the disabled.
Re: Employment Law
You can reduce the disabled employee's hours upon his return as long as that reduction is not more significant or "adverse" than that of other employees. In other words, if the reduction is not discriminatory and applies to all employees in his department or at workplace, there is not much to worry about.
Thanks,
Arkady Itkin
http://www.sanfranciscoemploymentlawfirm.com
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