Legal Question in Disability Law in California

laided off because I could not work full time

I was hired as a part time employee with my employer knowing full well that I could not work full time, because of the fact that I have had two laminectomies in the past twenty years. Then they laided me off saying that all employees must work full time. Is this allowed under the ADA law. My work ethics were impecable, my immediate supervisor was devastated about me being laid off. Due I have any legal recourse. Please contact me as soon as possible so I can go over this in greater detail. I sure I know little about the ADA laws but it doesn't seem right that they can hire me knowing my limitations and me being one of their best employees and then fireing me after working there for one year.


Asked on 7/14/04, 12:16 am

3 Answers from Attorneys

Thomas Pavone Pavone & Cohen

Re: laided off because I could not work full time

The employer's actions appear to violate the Americans with Disabilities Act as well as the California Fair Employment and Housing Act. The key issue will be whether your laminectomies and the resulting condition will qualify as a disability under the law. California law is more favorable and may provide a remedy for your situation. Give ma a call at 800-522-6728 to discuss in more detail.

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Answered on 7/20/04, 12:24 pm
Terry A. Nelson Nelson & Lawless

Re: laided off because I could not work full time

Accommodation of your disability by allowing part time work was ok. Therefore, it may be actionable for them to demand full time or be fired. If you want to pursue this, contact me to discuss facts and procedures.

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Answered on 7/20/04, 2:29 pm
Alden Knisbacher knisbacher law offices

Re: laided off because I could not work full time

The question is whether part time work is a reasonable accommodation for your physical disability -- California law is much more favorable than the ADA in this regard -- and it does sound like if they originally hired you for a part-time position, and you were actually working part-time hours, that you would have a good case that they had to keep you in that part-time position -- as a reasonable accommodation. The employer has a duty to engage in a "good faith interactive effort" to return you to work --from the facts you state, they did not engage in that effort -- if you are in Northern CA, feel free to call me at 415-522-5200; if you are elsewhere, I can refer you to an attorney who may take the case. Good luck.

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Answered on 7/19/04, 10:05 pm


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