Legal Question in Employment Law in California

I notified my employer I was allergic to cats before there was ever a Cst on the premesis. I had an allergic reaction recently which caused me to lose time from work, expenses of doctor visits, and which has required my work environment to be "cat free" as per the allergist's orders. Am I within my rights as an employee to refuse to return to my post until they fix this and can I legally ask to be paid for the lost wages and added expenses this cat has already caused? Thank you.


Asked on 1/16/12, 2:24 am

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

You can always refuse to work, and he can fire you for that. You are entitled to be paid for all hours worked, no more.

In general, unless an employee is civil service, in a union, or has a written employment contract, they are an 'at will' employee that can be disciplined or fired any time for any reason, with or without �cause�, explanation or notice, unless it is based upon illegal discrimination, harassment or retaliation as defined under the ADA [disability], Civil Rights [age, race, sex, ethnic, religion, pregnancy, etc], FMLA [medical leave], Whistle-blower, or similar statutes. Cat allergy is not a 'life altering' serious medical / physical condition that would require 'accommodation' under ADA.

If your CA employer has at least 50 employees, and you are employed for at least 12 months, have at least 1,250 hours worked in the 12 months prior to the leave, then you would be eligible for 12 weeks of unpaid FMLA / CFRA medical leave when you are unable to work because of a �SERIOUS health condition�. The employer can require you to use all accrued unused vacations and leave[s] as part of the 12 weeks, so as to make that portion 'paid'. The leave may be taken on reasonable intermittent basis if that need is properly documented by your medical provider. Being out sick with minor illness or injury does not fall within the protections. Cat allergy is certainly a 'minor' illness under those definitions.

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Answered on 1/16/12, 10:37 am


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