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sojlaw
sojlaw,
Category: California Employment Law
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I am on modified duty (3 days a week) and performing my normal

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I am on modified duty (3 days a week) and performing my normal duties after carpal tunnel surgery. I am part of a two person department handling human resources, accounting and other administrative duties. I have been able to keep up to date with my normal duties with no complaints. My work history going on 11 years has been exemplary with no complaints. I am beginning to feel that my employer is upset that I am only working 3 days a week. Last July, I was off one month after surgery, Aug. to Oct. I went on 2 days a week, and since then 3 days a week.

Can I be fired under these circumstances?
Submitted: 5 years ago.
Category: California Employment Law
Expert:  sojlaw replied 5 years ago.

AlexiaEsq. :

*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

AlexiaEsq. :

Hi, Yes, if your job is a full time job, and you are not able to do that full time job, you can be terminated. This often happens if the employer needs someone there 5 days/week, but an employee can only put in 3 days. I do hope you have a workers compensation claim ensuing if this carpal tunnel is work related, and if so, consider getting a WC attorney on board to make sure you are properly compensated for the lost wages.

AlexiaEsq. :


I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.

AlexiaEsq. :

Also, to clarify further - while you can not be terminated BECAUSE you have what may be a disability, you CAN be terminated if you can't appear to do the job.

AlexiaEsq. :

It can get rather complicated, because you may also have some FMLA protections, if you haven't yet used up all 12 weeks in the year.

AlexiaEsq. :

Also, if you have an ADA recognized disability, it COULD be that part time work is a 'reasonable accomodation' that the employer must provide.

AlexiaEsq. :

If I were you, I WOULD seek an attorney if things start to head south - just in case the employer is subject to having to allow you the PT work. It is not always easy to meet the definition of an ADA disability, but it is worth looking into and the fact that the employer has been able to provide that type of schedule already, may support a later argument that same is not overly burdensome on the employer and is, in fact, 'reasonable.'

sojlaw and other California Employment Law Specialists are ready to help you
Customer: replied 5 years ago.

Is your answer that I should retian an attorney for advice?