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Tina
Tina, Attorney
Category: California Employment Law
Satisfied Customers: 31699
Experience:  JD, 16 years experience & recognized by ABA for excellence in employment law.
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I have been excessively absent from work. My managers are

Customer Question

I have been excessively absent from work. My managers are not happy, so I got written up. My history is as follow, decreasing performance scores, many written warning for performance, tardiness, and absentees. About 2 years ago i went on a medical disability, recently was on Workers comp, but I am now cleared. And after I was written up, I filed another medical disability claim. Does this pattern look bad for me? And does my employer have a good case to get rid of me, with all my past history?
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Tina replied 2 years ago.
Thankk you for contacting Justanswer.com.

Have you been on FMLA leave or CFRA leave while absent?
Customer: replied 2 years ago.

No. We have 25 employees, so the FMLA leave or CFRA does not apply to the company.

 

Expert:  Tina replied 2 years ago.
I see.

There would normally be no basis to challenge the employer's actions in this situation I'm afraid since the excessive absences and absenteeism that was not authorized under your recent workers comp claim could be counted against you typically.

If you have a disability and request a reasonable accommodation from the employer, which could include starting work at a later hour, then the ADA would normally require the employer provide you that reasonable accommodation unless it is too costly to the employer. To support such a request, you would typically want to seek documentation from your physician indicating it is necessary to accommodation your condition.

Good luck and take care.

Tina

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