Can I sue my employer for not following my doctors note?

UPDATED: Sep 14, 2011

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Can I sue my employer for not following my doctors note?

I was pregnant and having difficulty doing my job so my doctor gave me a note saying that I can’t be on my feet for more than 2 hours or be in extreme heat conditions. My doctor said if my employer cant accommodate me than they can write to her and she will put me on disability. My employer told me that is not how it works so asked him how if not that and he didn’t know. He said he would find out and he never did. They were never able to accommodate me and I still had to do my job and they didn’t respect the doc note. After a month or two of this my doc felt bad for me and put me on disability.

Asked on September 14, 2011 under Employment Labor Law, California


Aryeh Leichter / Leichter Law Firm, APC

Answered 11 years ago | Contributor

If your employer has five (5) or more employees, he has an affirmative duty under the law to engage in an interactive process with you to find reasonable accommodations for your condition.  It does not appear that he came close to doing so.  Please give me a call (213) 381-6557 or email me if you would like to discuss your situation further.

All the best,

Ari Leichter

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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