Legal Question in Disability Law in California

My son has autism tendency and communication disorders. However he is not a registered disable person and not claiming any benefits. His company recognizes this problem and has had been liaising with the family whenever there had been work related issues. He works for HMS Host at John Wayne airport as a dishwasher for the last 5 years. He did culinary arts at Cerritos College and after that he was employed as a cook. He did this for a short time, but pushed to do dishwashing for all these years. Recently they made him work weekends and cut his hours. Off and on we get complains about his performance. Now they want to do a write up and they want us to present. Lately he has been constantly harassed and they have not accommodated for any of his needs. We been summoned to meet them on Monday and is there anything we could do as regards to this company�s action. He had regular pay rises and as far as we know no write-ups. His attendance is very good.


Asked on 8/23/11, 2:56 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

If the employer thought he was a great worker without problems, they wouldn't be writing him up. You don't know what they are proposing or now complaining of. If you allege discrimination or failure to accommodate, the burden is upon you to prove their actions are improperly motivated. Do you have any evidence that would tend to do so? They hired him knowing he required accommodation. They have apparently done so for 5 years and gave 'pay raises'. You admit they have some history of "complains about his performance". That would be grounds for write up, discipline or termination of any 'at will' employee. Just because he is disabled, he is not immune from legitimate complaints or business decisions. I'll be happy to help in this if you can show where they are doing anything wrong. Feel free to contact me to discuss your facts and evidence.

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Answered on 8/23/11, 4:26 pm


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