Legal Question in Employment Law in California

I own a small boutique. I just hired a new girl for part time work. After she was hired she disclosed to me that she had epilepsy. I have no problem keeping her on staff, however with us being such a small company I am worried as to what my liability is if something happens to her. There are times when nobody would come into the store for hours at a time so if something were to happen nobody may know.

What are options as to keeping her employed and what would be best for her safety and the safety of my store?


Asked on 9/01/09, 6:10 pm

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

You should discuss your concerns with the employee to learn more about her condition and what you can do to provide a safe work environment. Epilepsy is a very misunderstood medical condition. Many people are able to keep the condition under control with the assistance of medication.

As an employer, while your concern for the employee's safety and your liability is understandable, you cannot make assumptions and must explore ways to accommodate her medical condition that do not cause undue hardship to your business. An open dialogue is the best way to understand what, if any, limitations your employee has and how they can be addressed.

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Answered on 9/01/09, 8:20 pm


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