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California provides broad protection to employees with a physical or mental disability. Sometimes an individual's disability necessitates a temporary leave of absence. If the employee and employer meet certain criteria, the employer is not permitted to fire the...
The short answer is, "no." An employee cannot terminate a disabled or injured employee just because their FMLA leave expires. At that point, the question becomes whether continuation of the leave beyond 12 weeks is a reasonable accommodation for a disability. In other...
Say you had a medical issue or injury, work-related or not. At some point, you may have reached out to your employer about working with some restrictions. Your supervisor might believe that certain restrictions will prevent you from performing the job as needed,...
Depending on the size of an employer's business, there should be a procedure to follow when an employee gets hurt at work. Often, employees and employers alike are confused about the steps to take when an employee is injured.Ask yourself and maybe even your...
Anyone working in a corporate environment knows that big business is all about metrics designed to make shareholders more money. Nothing truly evil with that, it's capitalism and hence our economic system.Ultimately, however, these types of employee and financial...
Under the Fair Employment and Housing Act (FEHA), an employer cannot discriminate against an employee because of a "physical disability." Gov. Code, § 12940(a). In addition to making it illegal to discriminate based on disability, the FEHA makes it unlawful "to...
Often times a temporarily disabled employee can take a medical leave and return to work without any restrictions. If the employee and employer meet certain criteria, the employee will be protected from retaliation or discrimination and legally entitled to return to...
Numerous federal and state statutes protect equal opportunity in the workplace. The analysis applicable under most of these laws derives from Title VII of the Civil Rights Act of 1964. California's Fair Employment and Housing Act (FEHA) generally follows this federal...
Workplace discrimination can occur in numerous forms. Federal and state laws not only prohibit an employer from taking adverse action against an employee due to that employee's protected characteristics (such as race, religion, national origin, or disability status),...
It is illegal under both California and federal law for an employer to terminate or take other adverse employment action against an employee because that employee is disabled. In order to prevail on a wrongful termination claim for disability discrimination, however,...
Howard Rutten has the experience and legal knowledge necessary to help clients achieve the best results.