SAN FRANCISCO, CA – A former charter bus driver for Chariot Transit is alleging that she was injured on the job, got pregnant and when she couldn’t get modified duty assignments communicated with the HR department and learned that she had been terminated eleven months prior.
There is likely a lot more to this story but, in general, injuries and pregnancies and long leaves of absence can be challenging for small employers, especially if the employee is missing during the busy season or the work is dangerous. Reasonable accommodation is a bit of a moving target. Putting disabled drivers back to work can be tense if the work is dangerous, since employers don’t want anything to happen to them and be blamed for that.
In some cases, the employee isn’t any good on top of it. Employers are thinking about terminating them but don’t get to it before the injury or other leave request, effectively tying the employer’s hands. Employers who don’t wait the leave out give an employee running room to make the argument that the termination was in retaliation for taking the leave. This is why attorney’s joke: if you want to not get fired, fall off a ladder.
|This blog reports on cases filed in and around the San Francisco Bay Area. The statements made are based on the allegations in court-filed documents. Allegations are just accusations, and may or may not be true.|
|The authors of the blog are attorneys at the San Francisco litigation firm, Wood Robbins, LLP. If you have a legal issue, send them an email. If they cannot help you, they will try and point you in the right direction.|