Under both California and federal law (notably the Americans with Disabilities Act), you must “engage in the interactive process” with a disabled employee to determine reasonable accommodations that will enable them to perform the essential functions of the job.
Engaging in the interactive process requires good faith communication where each side has an obligation to explore the options that would let the employee continue to perform their essential job functions. If either fails to engage in or causes the failure of the interactive process, they are likely to lose the inevitable disability discrimination and failure to accommodate a lawsuit.
Thus, it is critical that you handle the interactive process in good faith, which often means trusting the employee that the restrictions they need are genuine. It is just as critical, however, that the process be carefully documented, in detail, at every step along the way. This will allow you to defend a failure to reasonably accommodate a disability claim.
Each of these pitfalls, and more, can be avoided with the help of an experienced employment attorney. But if you do not take small steps with the help of a lawyer to avoid them in the first place, you will soon find yourself paying a lot more money to a lawyer to defend you against claim after claim in court. For more information on Wrongful Termination Claims In California, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 534-1490 today.