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I recently submitted a medical note to my employer with

Customer Question
driving restrictions (from my home...
I recently submitted a medical note to my employer with driving restrictions (from my home address to a client's home) as i am a social worker and drive often for a government entity. I was told initially that the note could not be honored because my employer does not pay me to drive from my home address and it would have to be stated from my work address. Therefore, I got a modified note stating that I cannot drive more then x amount of miles from my work address one way. My employer then told me the note cannot be honored until we have a meeting with health and safety to talk about accommodations (this is normal). My question is, "Doesn't an employer have to honor a work note as soon as it is submitted? I know we have to meet with health and safety, but this has not even been scheduled yet, and in the past I have seen other co-workers have their note honored and then the meeting takes place whenever they schedule it (which is not soon, maybe a couple of weeks later). my employer has not even scheduled the meeting so I feel like they are brushing me aside and taking it seriously. Help...
Submitted: 7 months ago.Category: Employment Law
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Answered in 1 hour by:
11/15/2017
Employment Lawyer: DamienJD, Attorney replied 7 months ago
DamienJD
DamienJD, Attorney
Category: Employment Law
Satisfied Customers: 4,896
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Hello: My name is ***** ***** I am an attorney.

Have you asked them to honor the note in the interim period? If it is a medical note that says you cannot drive, it only makes logical sense for it to be honored immediately. In other words, if it is medical, why would an employer force you to violate a doctor's medical recommendation. It does not seem reasonable.

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Customer reply replied 7 months ago
I agree which is why I'm asking what can I do legally?
Employment Lawyer: DamienJD, Attorney replied 7 months ago

Are you a member of a union? Does the employer have a policy manual? Legally, there has to be a reasonable accommodation. We can discuss.

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Customer reply replied 7 months ago
but 2 union reps couldn't even find the policy..we do have a policy just need to check what it is with HR. Can I sue?
Customer reply replied 7 months ago
How can I reach a good attorney in .CA that knows DCFS (department of children and family services) policy (thats where I work)
Employment Lawyer: DamienJD, Attorney replied 7 months ago

You can request from the court a restraining order to prevent them forcing you to drive beyond the mileage limit pending a decision on whether your ailment requires the employer to find a reasonable accommodation. So, yes you can sue. Do you have any further questions? Possibly the county bar association has the name of attorneys who handle the department employer policies. But that seem very specific. We can continue to discuss.

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Employment Lawyer: DamienJD, Attorney replied 7 months ago

Hello again! Checking in to see if you need further help. Your satisfaction is my goal, and I'm happy to answer a related follow-up question you may have. If I have not answered your question completely or missed a question, please let me know and I will attempt to answer it. If you are satisfied with your answer, please provide a positive rating between 3 and 5 stars so I can get paid for the service I provided to you. Best regards.

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Employment Lawyer: DamienJD, Attorney replied 7 months ago

Do you want me to provide you the phone number to the Bar Association's Legal Referral Service? If so, let me know. If not, do you have any more questions? I am happy to help you if you do. If not, please remember to provide a rating between 3 and 5 stars so I can get paid for the services I provided to you. Thank you.

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