Legal Question in Employment Law in California

cant return to work because of work restrictions

I have back problems due to repeated heavy lifting at work. my doctor said that I have ddd,artrithis and chronic back pain.He put me on 10lbs permanent lifting restrictions.My employer will not let me go back to work unless Im 100 percent with no restrictions,they said its company policy.We have another department where they dont lift more than 10lbs and I have asked them to transfer me to that dept. but they refuse. they said as long as I have work restrictions they will not let me back to work.My doctor will not release me with no restriction and my company will not accept me back with it.Im stuck in the middle dont know what to do.. Please help...Need advice on what to do


Asked on 6/16/06, 3:42 am

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

Re: cant return to work because of work restrictions

Employers have a legal obligation to engage in an interactive process to determine what, if anything, they can do to reasonably accomoodate an employee with a qualified disability. This may include a transfer to an available position you are qualified for that requires no heavy litfting. But they do not have to create a job that does not already exist.

If you believe this company is not making an effort to work with you to reasonably accommodate your condition, contact an experienced employment law attorney in your area to assist you.

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Answered on 6/20/06, 6:14 pm


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