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Legal Ease
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 91083
Experience:  Lawyer
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is my employer able to force me to see their doctors for a

Resolved Question:

is my employer able to force me to see their doctors for a diagnosis after they have been informed by me that I have a medical condition diagnosed by my doctor? I am not asking for any restrictions and my doctor has done a complete functional assessment of me that I passed.
Submitted: 1 year ago.
Category: Canada Law
Expert:  Legal Ease replied 1 year ago.
Thank you for your question. My name is XXXXX XXXXX my goal is to provide you with the best possible answer.

To achieve that goal it may be that I will find that I need to gather further information from you. As well, it's quite possible that you may feel the need to ask me additional questions for further clarification.

But, please understand that as a careful lawyer I will always give you an honest answer even if the answer is sometimes not what you were hoping for.

Are they saying that are concerned about your safety or the safety of others?

Are you in a union?
Customer: replied 1 year ago.

They have said they are concerned with the safety of me and others, I have a safety sensitive job. I am a member of a union and their is nothing in our collective agreement that mentions that I have to see the employers doctors. The employer has been informed by my personal doctor and an occupational doctor that my union paid for that I am fully functional and safe to work in a safety sensitive job.My doctor has also informed my employer that my medication will not impair me at work.

Expert:  Legal Ease replied 1 year ago.
Then you can go to the union and ask for assistance.

You've already seen a specialist that has verified that you are safe to work and are not putting yourself or others at risk.

They cannot force you to go.

But the concern is that they take the position that they are required to dismiss you to protect their employees if you won't see their doctor so they can satisfy themselves that you are OK to work.

So be sure the union is prepared to back you up and take them on.
Customer: replied 1 year ago.

my union has been advising me all along not to see their doctors and that there is no requirement for me to do so. They are just required clarity around my condition. The company did terminate me and the union is grieving it. the employer terminated me because they believe that I do not have the medical condition I informed them I have and because I would not see their doctors that was proof that I lied to them about having a condition. I am on here looking for a separate opinion, I do not want to be wasting anyones time or money. I just have a hard time understanding that because I volunteered information about my health that an employer can inject themselves into my personal life and terminate me based on an assumption when I have done nothing wrong during in my work life. No ones safety was at risk and there is absolutely no evidence of that.

Expert:  Legal Ease replied 1 year ago.
I agree with you and the union that you only had to prove that you were able to work safely.

No one can blame the employer for wanting to take steps to make sure you are safe to work.

But once you've provided expert evidence both you and they have fulfilled any obligations.

So I don't think you are wasting anyone's time or money. I think you are doing the right thing.
Legal Ease, Lawyer
Category: Canada Law
Satisfied Customers: 91083
Experience: Lawyer
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