California Employment Law
California Employment Law Questions Answered by Legal Experts
*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.
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.
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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.
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.
Also, if you have an ADA recognized disability, it COULD be that part time work is a 'reasonable accomodation' that the employer must provide.
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.'
Is your answer that I should retian an attorney for advice?
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