California Employment Law

Have California Employment Law Questions? Ask a Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

California Employment Law
This answer was rated:

Hello. I work in Virginia as a telephonic nurse case manager.

Hello. I work in...
Hello. I work in Virginia as a telephonic nurse case manager. I am under treatment by physicians for
-chronic pain associated with scoliosis, spina bifida occulta and fibromyalgia
-depression from the chronic pain and significantly reduced quality of life
-and most recently, extreme anxiety from not being able to meet production metrics at work

Next week, I will be counseled on BOTH attendance and work quality.
1-What action steps do I need to take to protect my job?
2-If I submit a request for accommodations under the American's with Disabilities Act and my employer cannot 'reasonably' accommodate my needs, can I be 'let go' or will I have the option of staying in my same job until something that meets my needs becomes available?
3-My activities of daily living (also outside of work) are significantly impaired by pain, chronic overwhelming fatigue, effects of medications, anxiety that now persists throughout most days and situationally escalates, etc., am I a candidate for disability?

Thank you kindly for your assistance.

Tamara Yates
Show More
Show Less
Ask Your Own California Employment Law Question
Answered in 8 minutes by:
7/13/2013
Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified

Employment-LawExpert :

Hello and thank you for your question today

Employment-LawExpert :

Are you online with me?

Employment-LawExpert :

First, let me say that I am terribly sorry to hear that you are in this situation. The ADA requires that an employer provide an employee with a "reasonable accomodation" in order for that employee to do the "essential functions of their job" in a manner that does not constitute an "undue hardship" for the employer

Employment-LawExpert :

Do you believe that there is a reasonable accommodation that exists in which you could do the material functions of your job?

Employment-LawExpert :

It is illegal for your company to discriminate against you because of a disability. If they are trying to counsel you on both attendance and work quality, then you must provide them something in writing which states that you are requested a reasonable accommodation due to your disability. You need to do this before the counseling session occurs. Then, once you have done this, you would have an additional claim for retaliation if any adverse employment action occurred against you. In regards XXXXX XXXXX granting you a reasonable accommodation, your employer is required to "enter into the interactive discussion" with you concerning what would be and what would not be a reasonable accommodation concerning your job.

Employment-LawExpert :

You must be able to do the essential functions of your job with accommodation. If you can do this, then if your employer decides to fire you, you would be able to sue them for wrongful termination. You can either file a claim directly with the EEOC here:

Employment-LawExpert :

http://www.eeoc.gov/employees/howtofile.cfm

Employment-LawExpert :

Or you would hire an employment attorney in your area. If you decide to hire an attorney a great resource is www.Martindale.com. This is a nationwide directory that is useful in finding highly qualified legal specialists in various fields of law. The lawyers in Martindale are not selected because they paid to be included, but rather because they have been rated by other attorneys as qualified experts in their field. Consider consulting with two or three different attorneys willing to take your case prior to selecting the one you feel most comfortable with.


 

Employment-LawExpert :

In a case like this, an attorney would take your case on contingency, which means that you would owe nothing out of pocket.

Employment-LawExpert :

If, however, you cannot find a doctor willing to state that you could do the essential functions of your job, with accommodation, whether or not your employer agrees to this accommodation, then your employer would be legally allowed to let you go.

Employment-LawExpert :

If the condition was temporary in some way, you could also request up to 12 weeks of unpaid leave under the FMLA wherein you could be away from work but still keep your job. Your employer would be required to maintain any health coverage benefits you currently have.

Employment-LawExpert :

In regards XXXXX XXXXX disability, you would need a doctor to certify that you are disabled and cannot do your regular or customary job duties. To receive them, you must be unable to do your regular or customary work for at least eight consecutive days.

Employment-LawExpert :

During this period, you must be under the care and treatment of a licensed doctor and you must remain under care and treatment to continue receiving benefits.

Employment-LawExpert :

If your doctor is willing to certify your disability, then you would be able to receive benefits.

Employment-LawExpert :

The types of conditions you mention could be enough to constitute disability, but it would depend on the severity of the symptoms, and the diagnosis of the doctor.

Employment-LawExpert :

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, I would be most grateful if you would remember to provide my service a positive rating, as this is the only way I will receive credit for assisting you.


 

Employment-LawExpert :

Have a wonderful rest of your day.

Brandon, Esq.
Category: California Employment Law
Satisfied Customers: 1,953
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.
Verified
Brandon, Esq. and 87 other California Employment Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 years ago

Thank you kindly for replying so quickly. I appreciate the detailed information you provided. Your guidance was above and beyond my expectation.


 


YOU are AWESOME!


Tamara

I am glad I could get you pointed in the right direction Tamara. If there is anything else I can help you with, please do not hesitate to contact me here:

http://www.justanswer.com/law/expert-accident-expert/

Have a wonderful rest of your day.
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Hello! I need your expertise again please. I requested work accommodations under ADA. My employer declined accommodations of reducing to a 33 hour work week and transitioning into a different job that would not have as high a level of stress as the job I have now. The first request was declined based on "business needs". Transition to another job was denied because I have not completed a year of service and now am also not eligible to apply for other jobs because I am on disciplinary action for attendance and performance/quality. Unfortunately, so far neither of my physicians have agreed to the need for me to have been out of work since 7/5/13. The discussion of accommodations was by phone. When I requested my manager & HR rep verify my understanding of what had been said in writing, they have not replied after 2 requests. The same is true of being provided with my job description - 2 requests and still no job description.


Would it be in my best interest to resign due to my inability to do the job because of subjective disabilities of being physically and emotionally unable to work a 40 hour week and meet performance/quality guidelines or be fired for missing almost 30 days without approval of either MD, excessive absenteeism and performance?


 


Thank you kindly for your continued consideration.


 

If you resign, you loose all possibility of any claim. This is because in order to have a claim, they must engage in some "adverse employment action" against you. If you quit, then you are doing it to yourself. Additionally, if you resign, you may loose your possibility to receive unemployment. benefits. This is because to receive benefits, you must prove that you lost your job through no fault of your own. If you can point to medical reasons as to your excessive absenteeism, then you would be able to receive benefits. While it is up to you as to what you want to do here, it would probably not be in your best interest.

As for waiting to get fired, the only real benefit to not doing this is that in future employment you may be asked if you have ever been fired. If you plan on using this job as a reference, then it may be better to quit. Otherwise, it is likely better to be fired, especially since they are planning on disciplining you anyway.
Ask Your Own California Employment Law Question
Customer reply replied 4 years ago

Once again, many thanks for your guidance.


Tamara

I am glad to help Tamara. If you ever need to ask for me again, please feel free to do so here:

http://www.justanswer.com/law/expert-accident-expert/

Have a wonderful rest of your day.
Ask Your Own California Employment Law Question
Ask Brandon, Esq. Your Own Question
Brandon, Esq.
Brandon, Esq.
Brandon, Esq., Lawyer
Category: California Employment Law
Satisfied Customers: 1,953
1,953 Satisfied Customers
Experience: Has received a certificate of recognition from the California State Senate for his outstanding legal service.

Brandon, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

LawTalk

LawTalk

Attorney

1,285 satisfied customers

I have 30 years of experience in the practice of law, including employment law and discrimination law.

Tina

Tina

Attorney

923 satisfied customers

JD, 17 years experience & recognized by ABA for excellence in employment law.

Brandon, Esq.

Brandon, Esq.

Lawyer

1,953 satisfied customers

Has received a certificate of recognition from the California State Senate for his outstanding legal service.

melissamesq

melissamesq

Attorney

47 satisfied customers

Represent clients to maximum recovery in employment cases.

legalg

legalg

Other

31 satisfied customers

General Practitioner. Research Attorney

Attorney2020

Attorney2020

Lawyer.

69 satisfied customers

I have significant experience in employment law.

Legal Counsel

Legal Counsel

Lawyer

32 satisfied customers

California Licensed Attorney- 29 years- Wages, Hours, Overtime, Discrimination, Wrongful Termination.

< Previous | Next >

Related California Employment Law Questions
I am currently on short term disability due to Adjustment
Hi, i am currently on short term disability due to Adjustment due to bullying by my supervisor. Can he put me on pip when i go back ? … read more
John
John
Attorney
Doctoral Degree
5,768 satisfied customers
I was forced to go back to work without being released from
Hello I was forced to go back to work without being released from my doctor in order to keep my employment. Now after two months of being at work my doctor took me off on disability again and … read more
Marsha411JD
Marsha411JD
Doctoral Degree
20,096 satisfied customers
My former employer is witholding my final check until I mail
my former employer is witholding my final check until I mail him back the key. is that legal? … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
I used to work with a company as independent contractor in
Hello, I used to work with a company as independent contractor in sales, commission based only. there was no contract since I had been working with them 9 years. i used to get paid 20% of the sales my… read more
socrateaser
socrateaser
1,031 satisfied customers
I have applied for disability, my boss wants to give me my
I have applied for disability, my boss wants to give me my vacation and some commission I have coming do I have to report the disability insurance? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I need to speak via phone phone please to a california
please, i need to speak via phone phone please to a california employment lawyer regarding a termination that is taking place any time now please … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
I am looking to ask a termination question to a california
good morning, i am looking to ask a termination question to a california employment lawyer (from the employers perspective) please. Do you have a California employment lawyer who can assist please?… read more
legalg
legalg
Other
Juris Doctorate
31 satisfied customers
I'm a 1099 employee in california, am i required to give two
i'm a 1099 employee in california, am i required to give two weeks notice … read more
socrateaser
socrateaser
1,031 satisfied customers
I was verbally suspended from work yesterday, for a term of
I was verbally suspended from work yesterday, for a term of one week. I was also told that I would be on probation when I come back, and that I need to take sensitivity and anger management course. I … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I have a employee that it on salary, they was out for a week
i have a employee that it on salary, they was out for a week due to being sick. Do i still have to pay them a full week salary or just the three day. … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
Just looking for advice on best exit out of a company their
Hi there, just looking for advice on best exit out of a company their retention bonus is too far out … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,451 satisfied customers
An investigative consumer reporting agency (ICRA) performing
An investigative consumer reporting agency (ICRA) performing a background check for a California (Los Angeles) employer located a misdemeanor record from March 2017 that resulted in a deferred prosecu… read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
My employer changed my work schedule less than 2 days prior.
My employer changed my work schedule less than 2 days prior. Now im facing and no call-no show. Is that legal for the employer to that? … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY
I WAS TERMINATED 10/5/2017. CHECK STUBS WERE SENT TO MY EMAIL ON THAT DAY. ON APPROX 10/10/2017 MONIES WERE SENT TO MY BANK. I HAD TO EMAIL THE EMPLOYER BEFORE ACTION WAS TAKEN. AMOUNT $5000 ISH, 4 WE… read more
INFOLAWYER
INFOLAWYER
Partner
Doctoral Degree
55,474 satisfied customers
I was sent home on paid leave almost 8 weeks ago, for no
I was sent home on paid leave almost 8 weeks ago, for no reason (is what I was told). They needed to do some investigating on the issue- what issue? … read more
LegalPro54
LegalPro54
Doctoral Degree
1,258 satisfied customers
I was arrested with domestic violence and I asked my
I was arrested with domestic violence and I asked my criminal lawyer that the police arrested me by mistake. Now I worried about my arrest record will affect my job application … read more
Zoey, JD
Zoey, JD
Doctoral Degree
175 satisfied customers
I recently terminated an employee whom admitted to stealing
I recently terminated an employee whom admitted to stealing money from a customer that left his wallet in the car. The employee worked for us for roughly 10 years and as you can imagine was not happy … read more
Roy Hadavi
Roy Hadavi
Attorney
Juris Doctorate
896 satisfied customers
Thank you for your counsel on our employee problem., my son,
Thank you for your counsel on our employee problem. Josh, my son, has been asking the questions so far. Having read the conversation threads, I would assume that you must have a rather negative view o… read more
socrateaser
socrateaser
1,031 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x