Legal Question in Employment Law in California

Re: forced retirement due to injury

Under the Americans with Disabilities Act, and its California equivalent, employers have an obligation to "reasonably accommodate" employees with "qualified" disabilities, unless they can show that the accommodation creates an "undue hardship" on the employer. With or without the accommodation, the employee must still be able to perform the "essential functions" of the job.

I put some of these words in quotes because each quote relates to a separate issue under the Act the is fact intensive. Each individual case is determined by its own facts.

If you believe that your request for an accommodation to your disability was reasonable and would not cause a hardship to the employer, and you are still able to perform the esstential functions of your job, then you should meet with a labor law attorney in your area as soon as possible because statutes of limitation are very strict in this area.

Re: forced retirement due to injury

If this occured within the last year, and if you can somehow show the employer had the capability of allowing accomodations that allowed you to perform the essential duties of the job [9 months doing so apparently], then you may be able to make an ADA claim of discrimination, failure to accomodate and termination [unless you waived your claims with a settlement agreement to get retirement]. Contact me if interested in consulting and determining if you have a case.

Re: forced retirement due to injury

Timing is critical. Need info re when all of this occured. Call if wish to discuss. 800-685-6950