Legal Question in Employment Law in California

my husband just got fired from his job even though his doctor put him on medical restrictions of not being able to lift over 5 pounds is this legal


Asked on 12/29/11, 8:06 pm

1 Answer from Attorneys

David Sarnoff Sarnoff + Sarnoff

It depends on why he was fired. If he was fired because of the medical restrictions, then he may have a claim for wrongful termination. It is unlawful for an employer to fire an employee because of a disability without first engaging in an interactive discussion process and trying to create a reasonable accommodation. In order for the termination to be lawful, there must exist no reasonable accommodation, and keeping the employee on modified work duty must pose an undue hardship for the employer.

If you would like to discuss this further, my firm's website, www.sarnofflaw.com, has a Confidential Online Case Evaluation Questionnaire that can provide us with more detailed information to better assess your husband's legal rights.

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Answered on 12/29/11, 8:56 pm


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