Legal Question in Employment Law in California
Hello, I live in California. I suffer with sleep apnea, severe insomnia, restless leg syndrome and chronic fatigue. My work schedule fluctuates daily, at times I am required to start work at 6am or 9am or 2pm. The company transferred me from 15-20 minutes from my home to 1hour and 15minutes from my home. I was on medical leave of absence for for off and on, and then again for several months. This has been on-going. My doctors have submitted documentation to my employer on multiple occasions regarding my drive and fluctuating shift work as both work seriously against my condition. So much so, that after driving 30 minutes I will tend to fall asleep while driving. The Department of Motor Vehicles has already taken my license once for this reason, and I have been in multiple car accidents as a result of my sleep condition, work schedule and drive to work. For some time, my employer would not respond to the doctors. Finally they transferred me as of two weeks ago after battling with them since 2008 however they refuse to alter or change my schedule which is making my sleep therapy ineffective, and considerably impacting every other aspect of my life, including mental, physical and physiological health. I am considering leaving my job, because my condition is not improving and my doctor insists that it will not improve until I discontinue working my current job. The job market is rough, and I'm afraid I will not qualify for unemployment, but my health and being here for my family is more important. What advise would you give in this situation? I don't want to die or have a heart attack for my employer.
2 Answers from Attorneys
It appears that your severe insomnia is work-related. I recommend that you file a claim for worker's compensation benefits, including temporary disability benefits until you receive adequate treatment. If your condition in such a way that you can't be treated then you are entitled to permanent disability. Feel free to call us at 213.388.7070 for a free consultation.
An employer is not allowed to "discriminate" against a legally defined "disability" by any adverse employment action like termination, demotion, harassment, hostile environment, etc. An employer is obligated to provide 'REASONABLE' accommodation of a disability upon proper medical certification of your disability and specific medical requirements necessary to accommodate you, IF accommodation can be done without substantial burden to the company, and IF such accommodation will allow you to still perform ALL the essential functions of your job. Violation and failure to accommodate is grounds for a lawsuit. Every case is determined upon its merits and all the facts. If you think you can prove they failed to do so under those rules, feel free to contact me, I've been doing these cases for over 20 years.
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