Legal Question in Employment Law in California

Can we fire an employee for taking 5-6 days off per month due to "diabetes problems"? he is a pest control technician, and we have no light duty version of his job?


Asked on 10/23/11, 7:51 pm

1 Answer from Attorneys

Michael Kirschbaum Law Offices of Michael R. Kirschbaum

You are taking a huge risk if you fire this employee because of taking time off due to diabetes related medical issues. Diabetes is a medical condition which is protected under the law. You are required to attempt to reasonably accommodate persons with such disabilities. This requires nothing less than an "interactive process" with the employee to attempt to better understand his limitations and what can be done to help him perform the essential function of his job with or without reasonable accommodation, which is not necessarily limited to light duty.

This is an area where you really need to buy some time from an experienced employment law attorney who advises employers, to help you understand your rights and obligations. If you fire this employee without doing the necessary things you need to do, your company could be buying itself a lawsuit.

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Answered on 10/24/11, 10:21 am


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