California Employment Law

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I work nuclear power station in the training department. Due…

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Hello. I work...

Hello. I work for a nuclear power station in the training department. Due to arthritis and other joint conditions my doctor prescribed me hydrocodone to ease my pain to allow me to be more active with less pain so that I could lose weight. Work has told me that I cannot take the medication, even though I am working for the training department now. I do not work with any equipment. I could understand if I was in a position that required operating a crane or operating the reactor, but working for training I will perform none of those tasks. Do I have any legal standing to take my medication, as prescribed, under my doctor's care?

Lawyer's Assistant: Got it. The Employment Lawyer will know how to help you. Have you consulted a lawyer yet?

No, I have been considering it. I don't like being placed in the position to have to choose between a job of over a decade and a good quality of life

Lawyer's Assistant: Please tell me everything you can about this issue so the Employment Lawyer can help you best. Is there anything else the Employment Lawyer should be aware of?

They removed me from my previous position when I declared I was taking the medication and moved me to training.

Submitted: 2 years ago.Category: California Employment Law
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Answered in 13 minutes by:
3/3/2016
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,037
Experience: Significant experience in all areas of employment law.
Verified

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

If you can argue that your arthritis rises to the level of a "disability" as defined by the Americans With Disabilities Act (a medical condition which "significantly impairs a major life function"), then your employer would be required to "reasonably accommodate" your need for prescription drugs. This means your employer would be barred from taking adverse action against you due to your use of the drugs if you can establish that the drugs do not impair your ability to safely and effectively" perform your job.

You can establish this through a doctor's note. If you present your employer with a doctors note indicating that your medication does not prevent you from safely and effectively performing your job and adverse action is still take against you at work, you may have a claim for violation of your rights under the ADA. Such claim could be pursued by filing a complaint with the Equal Employment Opportunity Commission, which is the federal agency that enforces the ADA.

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.

Ask Your Own California Employment Law Question
California Employment Lawyer: Patrick, Esq., Lawyer replied 2 years 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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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).

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