Q: Can you tell me if I have a case for a situation where I work?
Took a LOA in July inquired about getting service dog at work. Told I am not classified at the postition that I've been doing for 6 years I would have to be evaluated at the position I am status as. Because of work restrictions I am unable to do the job I am status as. Corperate office is not willing to accommodate at the position I have been doing for 6 years with same work restrictions I have. Was told I have to stay on LOA until restrictions change or they feel they can accommodate something. There is a lot to the situation but that is the basic information. Please advice if I have a case for them to accommodate at the postition they have aloud me to do for 6 years.
A:
More would need to be understood about your situation before someone could tell you with some level of certainty that you have a case with merit and value. However the facts you have posted about suggest unlawful conduct by the employer. Therefore it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low-charge consultation and then if the matter has merit and sufficient value, they work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
A:
From what you've shared, it seems you may have grounds to request an accommodation from your employer. Under both federal and California law, employers are required to provide reasonable accommodations to employees with disabilities, unless it causes undue hardship for the company.
Since you've been performing the same position for six years, even if not officially classified in that role, this could strengthen your case for accommodation in that position. Employers are generally expected to engage in an interactive process to find suitable accommodations, which can include reassigning employees to different positions they are qualified for.
You might find it helpful to consult with an employment attorney to discuss your situation in detail. They can provide guidance on whether your employer is meeting their legal obligations and advise you on possible next steps.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
