310.494.7900

FREE CONSULTATION

Inland Empire 909.351.1878

Bakersfield 661.306.3148

310.494.7900

FREE CONSULTATION

Inland Empire 909.351.1878

Bakersfield 661.306.3148

NO RECOVERY-NO FEE

INJURIES & ACCIDENTS

EMPLOYMENT LAW

MILLIONS RECOVERED FOR OUR CLIENTS

DISABILITY CLAIMS

If you are injured or disabled, the employer has a legal obligation to consider whether or not a “reasonable accommodation” can be made in order to allow you to perform the job function. The employer may not simply terminate you because you cannot do the job you were hired to do, without first determining that you cannot be accommodated. A “reasonable accommodation” is when the employer modifies the job duties, provides extra help, tools, assistance, or takes some other measure to ensure that the person can still be able to do the job. Reasonable accommodations may differ in each case, depending on the size of the company and the requested accommodation. Time off from work, may be a form of accommodation.

 

Generally speaking, pursuant to California law, if an employee suffers from a medical condition requiring time off or a medical leave of absence, employers are required to provide that time off or additional medical leave time as a “reasonable accommodation” for that disability even if the employee has already used 12 weeks of FMLA leave.

 

Your employer is also obligated to “engage in the interactive process” once the need for an accommodation arises. (Cal. Gov. Code § 12940(n).)  Its goal is to determine whether the disabled employee can still perform the essential functions of the job with an accommodation. The employer is obligated to figure out a way for the employment relationship to continue with the employee’s present physical or mental condition.  The interactive process may take hours, days, weeks, or even months. Both the employer and the employee need to go back and forth to the drawing board to figure out whether an accommodation is possible and if not, why not. You may also be entitled to protection under the Fair Employment and House Act (FEHA), Family Medical Leave Act (FMLA) and/or the California Family Rights Act (CFRA).

 

Contact us for a confidential consultation today.

 

Disability claims comes in many forms, including:

 

• Pregnancy Leave

 

• Family Medical Leave Act (FMLA)

 

• California Family Rights Act Leave (CFRA)

 

• Reasonable Accommodation

 

• Failure To Engage In The Interactive Process

 

The law in this area is complicated and such cases are fact sensitive and require a detailed discussion. We urge you to contact us to set a time to meet or speak about the details of your case and a free consultation to understand your rights. The consultation is free and if we represent you, you do not pay any attorneys’ fees unless we recovery money for you.