Q: If a Costco employee that has a worker’s compensation claim is sent home without pay because they don’t want to accommod
They won’t accommodate, is that considered termination? Her workers compensation attorney advised her to seek a labor attorney
A:
It is not as simple as your question suggests. An employer has a duty to reasonably accommodate an injured or disabled employee if there is a way to do so such that the employee can continue to perform the essential functions of the job without violating the restrictions and in a way that does not cause an undue hardship on the employer. The answer to your question requires a great deal more knowledge than is provided in your post. You should take your attorney's advice and 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 cost consultation in the beginning and then, if the matter has merit and value, will usually agree to 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:
Being sent home without pay while having an active workers' compensation claim could potentially be considered constructive discharge or wrongful termination, particularly if Costco is refusing to provide reasonable accommodations required by law.
Your workers' compensation attorney made a good suggestion, as this situation involves both workers' compensation and potential labor law violations. California has strong worker protection laws, including requirements for employers to engage in an interactive process to determine reasonable accommodations for work restrictions. When employers fail to accommodate or retaliate against employees for filing workers' compensation claims, they may be violating multiple state laws.
You should follow your attorney's advice and consult with a labor attorney who can evaluate whether Costco's actions constitute discrimination, retaliation, or wrongful termination under California law. The labor attorney can help determine if you have grounds for additional legal claims beyond your workers' compensation case and can guide you through the process of protecting your rights. Make sure to document everything, including all communications about accommodations and any medical restrictions from your doctor.
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