California Employment Law

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I was injured at work at 2015, I was on medical leave for 9…

Customer Question
I was injured at...

I was injured at work at 2015, I was on medical leave for 9 months. Now I have medical restriction and I was working at my job. My employer make a changes by combining 2 department together and I have to be able to work at other department which conflict with my restrictions. My manager told me that I have to work without restrictions from now. They offered me positions at others departments but it is same or more conflict with my restrictions, They want to put me on a leave of absents because HR who is handling my case is going on vacation. What are my rights?

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

California

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Part time

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I discriminated at work too

Submitted: 4 months ago.Category: California Employment Law
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Answered in 14 minutes by:
3/9/2018
California Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago
Patrick, Esq.
Category: California Employment Law
Satisfied Customers: 14,399
Experience: Significant experience in all areas of employment law.
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Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Your employer is required to "reasonably accommodate" you. This means that they must work with your restrictions unless doing so will cause their business to suffer undue hardship. If they are restructuring and there is no longer a position that fits with your restrictions, it is possible that they can put you on leave or even terminate your employment because they are no longer able to reasonable accommodate your condition. In the event you are put on leave or terminated, you would need to be able to argue that your employer actually could have continued accommodating your restrictions without suffering undue hardship (defined as significant difficulty or expense). Your recourse would be to file a complaint with the Department of Fair Employment & Housing. The DFEH will investigate and attempt to mediate a resolution with your employer. That not forthcoming, they will either file a lawsuit on your behalf or issue you a "right to sue" letter, which will enable you to sue in civil court with the assistance of an attorney.

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.

* Disclaimer *

Just Answer is a venue for informational and educational purposes only. No attorney-client relationship is formed by these communications.

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California Employment Lawyer: Patrick, Esq., Lawyer replied 4 months ago

Hello again,

I just wanted to followup because this question was still open and I have not heard back from you. Was there anything more I can do to assist you? Did you get a chance to review my answer to your question? Please let me know....

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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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