Legal Question in Employment Law in California

my father was placed on paid adminstrative leave after he had two seizures due to epilepsy. The county was aware of his condition and placed him on paid leave and on the 6 month mark this month they sent him a report stating the county doctors felt he was unfit to perform his duties, while his doctors said that he was capable of doing his job duties, They have given him until friday to appeal this. what should be done?


Asked on 5/29/12, 1:22 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

ADA law protects someone with a disability from discrimination. However, the law is clear that the person must be able to prove they can do all the essential functions of their job with 'accommodation' that does not impose a hardship upon the company. With the dispute among doctors over his condition, he would have a fight on his hands in making a discrimination claim. If he wants to pursue such claim, he must obtain from doctors who are expert in that field of medicine clear reports certifying his condition, symptoms, treatment, work and personal limitations with treatment, needed accommodations that could be done to allow him to successfully perform all the essential functions of his job without risk to him or the company. IF he can get that, have him contact me to discuss the legal action necessary. I've been doing these cases for many years.

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Answered on 5/30/12, 10:33 am


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