California Employment Law

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My boss states tehre has been performance problems for 6…

My boss states tehre has...
My boss states tehre has been performance problems for 6 months and wants to put me on performance improvement plan. If they do that is it legal ?
If my illness caused my performance issues and i come back healthy and request for accomodation so i can be effective in my job, can they refused and put me on PIP ?
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Answered in 5 minutes by:
12/25/2017
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,543
Experience: Significant experience in all areas of employment law.
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The law requires employers to provide reasonable accommodations. The law also prohibits employers from taking adverse employment action against an employee due to performance issues that could have been avoided by providing a reasonable accommodation. Finally, the law prohibits employers from RETALIATION against employees because the employee has requested a reasonable accommodation.

What the law does NOT prohibit is an employer taking adverse employment action against an employee because is unable to meet performance standard, even with reasonable accommodations.

So, if you are ultimately let go, what you would need to prove is that either (1) you would have been able to meet your employer's performance standards if you had been provided with your requested reasonable accommodation; or (2) that you WERE meeting performance standards and that you were terminated in RETALIATION for your request for reasonable accommodations.

Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,543
Experience: Significant experience in all areas of employment law.
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