Can I sue my employer for not following my doctors note?

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Can I sue my employer for not following my doctors note?

I was pregnant and having difficulty doing my job so my doctor gave me a note saying that I can’t be on my feet for more than 2 hours or be in extreme heat conditions. My doctor said if my employer cant accommodate me than they can write to her and she will put me on disability. My employer told me that is not how it works so asked him how if not that and he didn’t know. He said he would find out and he never did. They were never able to accommodate me and I still had to do my job and they didn’t respect the doc note. After a month or two of this my doc felt bad for me and put me on disability.

Asked on September 14, 2011 under Employment Labor Law, California

Answers:

Aryeh Leichter / Leichter Law Firm, APC

Answered 10 years ago | Contributor

If your employer has five (5) or more employees, he has an affirmative duty under the law to engage in an interactive process with you to find reasonable accommodations for your condition.  It does not appear that he came close to doing so.  Please give me a call (213) 381-6557 or email me if you would like to discuss your situation further.

All the best,

Ari Leichter


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