Disability and Reasonable Accommodation
- You are discharged soon after your employer learns that you have a disability or that you need time off for a medical condition.
- Your employer will not make adjustments needed to allow you to do your job, such as reassigning some job duties, transferring you, or giving you time off.
- You are fired for taking “too much time” off from work, though you had to take that time off because of a disability or a serious medical condition.
- After you take time off from work because of a serious injury or illness, your employer will not take you back unless you are “100% healed.”
FMLA/ Other Leave
The Family and Medical Leave Act [FMLA] protects employees who must take time off from work due to sickness, pregnancy, or the serious medical condition of a family member. If you take FMLA, your employer cannot retaliate against you.
To be eligible for FMLA, your employer much have at least 50 employees in a 75-mile radius of the workplace. You must also have worked at least 1,250 hours in the previous year.
If you think you may have a good legal claim for discrimination because of your disability or medical condition, don’t hesitate to seek an experienced attorney on your side. Call us at 510-886-4876 or email me today.