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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 6816
Experience:  Significant experience in all areas of employment law.
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I have been on restricted duty at a labor an staffing company

Customer Question

I have been on restricted duty at a labor an staffing company I feel they have retalated against me and I was laid off becauase of my doctor recommand restiction of working only 40 hour a week. This company works its branch managers 50-60 hours a week with out paying overtime. I feel I was discrimanated and have been retalated against. Do I have a case for a lawsuit?

Please Forgive Spelling
Submitted: 2 years ago.
Category: California Employment Law
Expert:  Patrick, Esq. replied 2 years ago.
Hello and thank you for entrusting me to answer your question. What is your injury or disability? Also, to be clear, are you working as an employee at a labor and staffing company? When you say "labor and staffing company" can you explain exactly what you mean? Thanks so much for your patience.
Customer: replied 2 years ago.
I was a Branch Manager for a labor and staffing. On july 18th,2011 I was having chest pains and I went to the emergency room they thought I had a hart attach they ran some test and wanted me to stay over night. I went to my personal doctor later that day and weekly for a month getting different test finnley he said that he think i had a stress attack and that i should take some time off so i did 6 weeks later he said ok you can go back to work but only 40 hour a week for three months. My doctor thought it was from stress at work
Customer: replied 2 years ago.
Relist: Other.
Legal Pro...Wait time to long
Customer: replied 2 years ago.
I was a Branch Manager for a staffing company. I had what emergency doctor thought was a heart attract after some dim off i went back to work
Expert:  Patrick, Esq. replied 2 years ago.
I sincerely apologize for the delay in my response and I appreciate your patience.

California law generally only prohibits the termination of an employee in retaliation for actually filing or attempting to file a workers' compensation claim or for testifying at a workers’ compensation hearing, not in simply requesting a reduced work schedule as a result of injury

That said, an employer would be obligated to provide "reasonable accommodations" for your injury (and would be engaging in discriminatory practices for failing to attempt to provide such accommodations) if your injury qualified as a disability under Americans with Disabilities Act or state law. The ADA defines disability as a "physical or mental impairment that substantially limits one or more major life activities" of the individual at issue. Federal regulations provide that an impairment "substantially limits" a major life activity where (1) the individual is unable to perform a major life activity that the average person in the general population can perform; or (2) the individual is significantly restricted as to the condition, manner, or duration under which the individual can perform a particular life activity as compared to the average person in the general population.

Most employees claiming that job-related stress qualifies as a disability allege that their stress substantially limits their major life activity of working. However, the vast majority of courts have rejected this contention, reasoning that the inability to perform one particular job does not amount to a substantial limitation on working. (See for example Paleologos v. Rehab Consultants, Inc.; Olson v. Dubuque Community School District)

Although it is unlikely that a claim for discrimination or retaliation would exist on the type of facts that you have described, a worker laid off under these circumstances is probably eligible to receive unemployment benefits. Specifically, you will be eligible to receive benefits provided that you have received enough wages during the base period to establish a claim (either $1300 in one quarter of your "base period," or at least $900 in your highest quarter and total base period earnings of 1.25 times your
high quarter earnings), you are physically able and available to immediately accept work, actively seeking work, and unemployed through no fault of your own. Being laid off under the circumstances you describe would probably qualify as "no fault of your own."

For information on how to file a UE claim, visit this link: http://www.edd.ca.gov/unemployment/filing_a_claim.htm

I sincerely hope that this information helps you and I wish you the very best of luck. Bear in mind that none of the above constitutes legal advice nor is any attorney client relationship created between us.

Please abide by the honor code of this website by kindly clicking on the GREEN ACCEPT button if my answer has been helpful to you. Thank you very much.

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