I am under a orthopedic doctors Care due to have full Left Knee repalacement and my Dr has filled out all paperwork! I get emailed or called almost everyday from Employer because she does not like or agree with what he writes? Now shes threatening to seperate me from my Position. Ive told her to call the Dr. as he is a sought after physian and i cannot demmand him to fill paperwork out every week? He thinks shes crossing line and I'm tired of being harassed stressful. Please Advise
Country relating to Question: United States
State (if USA): California
Have gotten all paperwork filled out by Dr.
have asked disability specialist to Call the Doctor if shes not happy with what he wrote.
Now going back in to dr with more paperwork and he will problay tell me shes crossing a line and that I need attorney
Hello and welcome to JustAnswer.I'm sorry to hear about your situation and hope I can help.What question do you have about your situation?
Am I getting harrased under ADA law.
The Surgeon believes she needs no more information and he is getting upset with her and myself to have to keep filling out Paperwork.
She has given me a deadline to get paperwork filled out or I will be seperated from my Position. Can she? do I keep Badgering him with Paperwork?
Hello and welcome to JustAnswer.Unfortunately, your employer can request paperwork for your disability in order to verify it. It's difficult to say if this would constitute harassment or discrimination in violation of the Americans with Disabilities Act, but most likely it wouldn't, unless you are being discriminated against in other ways in addition to your employer requesting paperwork regarding your disability.If you believe that you are being discriminated against due to your disability, you can file a complaint with the Equal Employment Opportunity Commission.You can file a complaint using the instructions available online here:http://www.eeoc.gov/employees/charge.cfmThe EEOC will investigate your complaint on your behalf and either file suit on your behalf or issue you a 'right to sue' letter so you can pursue your claim against your employer through a private attorney.I wish I had better news to give you, but unfortunately, I can only inform you about the status of the law, and not what I'd want it to be, and I hope you appreciate a direct and honest answer to your question.Joseph41085.7568953704
Really even though the Dr has already filled out many requests from her? He Told me she is on the edge of harrassing as she emails me
almost everyday or in som cases 2x aday shes just not satisfied with his
paperwork? I dont tell him nor do I have controll of what he writes. Hes the DR.
I have in the passed blown the the whistle on theft on manager of my department. I dont know that she knows of this. But it feels like they are trying to indimidate me! Causing me great anxiety on top of the upcoming knee replacement Surgery.
It would be illegal if the treatment is due to discrimination due to disability or if it's in retaliation due to your previous 'whistle blowing' activities.Also, since the harassment is primarily directed at the doctor and not you, it would be difficult to make out a claim for discrimination for this behavior.Joseph41085.7874888079
Extensive experience representing employees and management
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).