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Patrick, Esq.
Patrick, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 11248
Experience:  Significant experience in all areas of employment law.
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Being sued by employee that had heart attack at work. Was

Customer Question

being sued by employee that had heart attack at work. Was sent home right away, came back after 15 weeks and wanted his exact job back, said that was no longer available but offered other jobs within company and turned them down, now he has a lawyer saying
all kind of missed meal periods, rest periods, overtime,,
Submitted: 1 year ago.
Category: California Employment Law
Customer: replied 1 year ago.
i visited him on June 7th at hospital and all indications where he was slowing down and going to take it easy, He delivered a doctors note on sept 15 saying he can come back to work oct 1.
Expert:  Patrick, Esq. replied 1 year ago.
Good evening. What exactly is your question regarding this situation?
I very much look forward to helping you on this matter.
Customer: replied 1 year ago.
does he have a case?
Customer: replied 1 year ago.
violations of FEHA
Customer: replied 1 year ago.
did I have to give him his exact job back after 15+ weeks with no evidence he was planning on returning
Expert:  Patrick, Esq. replied 1 year ago.
Thank you. What is the reason his job was no longer available?
Customer: replied 1 year ago.
I hired a new cook and changed several employees schedules around to accommodate his absence as he was the main Mon-Friday cook. Offered him a less stressful position as maintenance and cleaning, same hours and same pay and he said no thank you "i m a cook, not a janitor" and said he would look elsewhere for a cooks job. I said comeback if you can't and we will woe something out.
Customer: replied 1 year ago.
did not see or hear from him again until January letter from lawyer. His son just passed the bar I have a feeling this is pro bono first case..lol
Customer: replied 1 year ago.
taking to long...going to bed
Expert:  Patrick, Esq. replied 1 year ago.
Thank you for clarifying.
FEHA requires employers of five or more to provide "reasonable accommodations" to employees suffering from disabling medical conditions. "Reasonable accommodations" can include allowing the employee to take time off work, but ONLY to the extent that such time off does not impose "undue hardship" on the employer, defined as significant difficulty or expense.
If you hired a new employee to fill the void while this individual was gone, returning this employee to the same position they had before would result in undue hardship because you would now either have more cooks than you need, or you would need to fire someone you just hired, which would cause your unemployment insurance premiums to go up, you would lose your sunk training costs, etc. This makes for a very strong argument that you did not violate FEHA. So, it would seem you are correct in your assessment that this is a very weak claim.
I hope that you find this information helpful. Please do not hesitate to let me know if you have any questions or concerns regarding the above and I will be more than happy to assist you further.
If you do not require any further assistance, please be so kind as to provide a positive rating of my service so that I may receive credit for assisting you. Very best wishes moving forward.
Expert:  Patrick, Esq. replied 1 year ago.
Hello again,
I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get credit for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.
In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.
Very best wishes.

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