I am a counselor at Santa Clara county (CA) and due to the Corona-virus’ shelter in place mandate, we are required to work face to face with mental health clients on a rotation basis two days a week at urgent care. We have the option to teleworking other days. I am a 56 years old HIV+ man and my doctor gave me a note excluding me to work face to face with clients and giving the OK for teleworking (phone and online counseling) because I am person at risk. My supervisor said because I am a crisis worker and I am considered an essential worker, they have to deploy me to work like any other person, she asked me to write a note saying that despite of what my doctor said, I made the decision to go to work as the rest of the people if I want to get paid. The other option they gave me is not to pay me during the shelter in place time, so I can stay at home. I can’t afford not to get paid. I am capable to teleworking, but they don’t want to accommodate me. I have not disclosed my HIV status. I need legal advice.
Your supervisor is right and wrong.
You cannot be forced to work in violation of your doctor's clear restriction. However if you cannot perform your normal job from home or in some other manner other than face-to-face interaction with others, then the employer is allowed to send you home on unpaid leave until your doctor changes your restrictions. Therefore the key here is whether you can perform the normal essential functions of your job in some manner that does not cause you to violate your doctor's restrictions.
From a practical point of view, you probably need to insist on not working in violation of the restrictions. If you are then sent home when it was possible to reasonably accommodate you, your only real option is to file a lawsuit to seek the money you will lose as a result of the employer's decision. At that point it would be wise for you to locate and consult with an experienced employment law attorney as soon as possible to explore your facts and determine your options. I would suggest you look either on this site in the Find a Lawyer section, or go to www.cela.org, the home page for the California Employment Lawyers Association, an organization whose members are dedicated to the representation of employees against their employers.
Most employment attorneys who practice this area of law offer a free or low cost consultation in the beginning and then, if the matter has merit and value, will usually agree to work on a contingency basis, meaning you can hire an attorney without paying any money until the matter results in a positive outcome for you. Many advance all the costs of the litigation as well. Do not let fear of fees and costs keep you from finding a good attorney.
Good luck to you.
Moving Out At Age 17
In the state of Michigan, can you legally move out on your own at age 17 without having to be emancipated or having to have your parent's permission? I've heard that you can but I've also heard that you cannot at age 17, you have to wait until 18. Can you move out at 17 without emancipation or parent's permission????