Returning to work after an illness can be stressful when your doctor limits your duties. Asking for changes can feel risky when job security is already a concern. In California, workplace restrictions mandated by a healthcare provider may trigger protections if they relate to a disability, protected leave or another protected right.
What should happen after you give restrictions?
Under the state’s Fair Employment and Housing Act (FEHA), employers with five or more employees must reasonably accommodate a physical or mental disability unless it creates an undue hardship. This means significant difficulty or expense based on factors such as the employer’s size, resources and operations. They must also engage in a timely, good-faith “interactive process” to find ways you can perform your essential job functions. Possible accommodations include:
- Schedule changes or modified duties
- Special equipment or medical leave
- Reassignment to a vacant position
An employer does not need to provide the preferred accommodation. Still, they should not ignore an accommodation request or fire an employee for seeking help tied to a protected condition.
When a firing may cross the line
California is an at-will employment state, but that rule has limits. A firing may be wrongful if your medical condition, disability, accommodation request or protected leave motivated the decision.
Timing often plays a critical role. Concerns can arise when a firing happens soon after providing a doctor’s note, a request for modified duties or the start of the interactive process. Sudden criticism or shifting explanations can also raise questions.
What records can help after termination?
If the restrictions seem connected to the firing, start organizing records. Save doctor’s notes, emails, texts, reviews and written responses to the request. Write down when you gave notice and how your employer responded.
You can also consider filing with California’s Civil Rights Department (CRD). Employment complaints with the CRD must be filed within three years of the alleged unlawful practice, but any subsequent civil lawsuit must be filed within one year of receiving a “Right-to-Sue” notice.
Protecting your rights starts with clear records
A medical restriction does not automatically protect you from termination. But if timing, comments or refusal to discuss accommodations suggest your condition played a role, your records may matter. Acting early can help you understand whether the firing was lawful or may have violated your rights.