Do these acts fall under discremination or retaltion for workers comp?

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Do these acts fall under discremination or retaltion for workers comp?

After injury due to repetitive motions straning both shoulders, I have been to see comp doctors schedule physical therapy,and my some of my restriction have been lifted after I rein jure my

shoulder while being accommodated at work. Today my employer has enforced me in writing that my 3 month probation period will being extended for the periods of restrictions to assess

performance. I’ve never had any performance issues I was over production numbers.Can they do this? Will the extend my attendance occurrence system? It’s 3.5 points for 3 months? I feel with everything I’m going through I’m being retaliated against?

Asked on August 2, 2016 under Employment Labor Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You write that "some of my restrictions have been reinjured"--that implies that some restrictions are still in place. While an employer does have an obligation to make "reasonable accommodations" (accommodations which are not too costly or disruptive for the employer), employees still must be able to do their jobs with the accommodations. It is not unreasonable, and therefore not likely to be discrimination, to extend the probationary period or review the performance of someone who evidently has restrictions on work and who has had restrictions for some period of time; the employer can make sure you are actually able to do and continue doing the job with only reasonable accommodations. It is possible they will take discriminatory action after this, but the mere fact of scrutinizing you under these circumstances is not likely to, by itself, be considered discrimination.


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