Legal Question in Disability Law in California

I have severe sleep apnea and use a Cpap machine along with several other medical conditions. I originally went out on medical leave at the end of October 2012 for a nervous breakdown do to fatque an stress and have been under Doctors care since. I went back to work in March 2013 on a modified work schedule of 4 hours a day 5 days a and at the end of June I was told by my employer that they could no longer accomodate my modified schedule.

I was told by the disability manager that it would be in my best interest to go out on full time disability. On that note I inquired about Medical and Regular retirement because I am unsure how to take care of myself and family and it seems that they are pushing me to make a . And now that I am on full tme disability for the time being on August 1st will no longer be able to afford my insurance and don't know if I will be able to get my medications or see my Doctor.

Can the legally do this?

Asked on 7/30/13, 7:09 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Employers are legally required to 'reasonably' accommodate disabilities. Every case and fact situation is different in how they must do so, or whether they CAN do so without unreasonable financial burden on the employer.

I can't give you an opinion on whether they were entitled to do what they did, unless I know all the facts and issues, and what they claimed were their justifications for refusing to continue to accommodate you.

On the surface, it doesn't sound 'right' that they accommodated you for some time and then changed their mind. They would have to convince me their decision was soundly justified.

I you are serious about pursuing a legal claim, and you think they do not have valid basis for their refusal, please feel free to contact me to discuss.

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Answered on 7/31/13, 4:04 pm

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