Legal Question in Employment Law in California

Hello,

I work for a successful company that is trying to cut costs as many are. As a result, I am essentially being demoted to a position I held 5 years ago-it is a very high stress position that puts my health at risk and my doctor has forbidden me to do this function.

I realize that work is on an at-will basis, but if I have my doctor's certificate can the company separate me if I tell them that I can not do this work? Do they have any legal duty to try to accomodate me? I am a very successful and productive employee and am in very good standing.

Thanks!


Asked on 3/24/11, 7:10 pm

1 Answer from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

If you have a diagnosable disability, the employer has a duty to reasonably accommodate your disability to allow you to perform the essential functions of your job, as long as the accommodation does not cause an undue hardship to the company. The employee does not get to choose his or her own accommodation, although there needs to be a dialogue between the employer and employee to explore the possible accommodations available. One possible option is placement in an available position the employee is qualified for. The employer does not have to create a position for the employee, however, if there are positions open the employee can perform, the employer must consider that as an accommodation.

You should provide your employer with as much medical information as possible to document your disability and your limitations to give the employer the opportunity to accommodate you. If they refuse to discuss the matter with you, they may be violating your rights. You should then see an employment law attorney.

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Answered on 3/25/11, 10:25 am


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