Hi, my name is XXXXX XXXXX I thank you for your inquiry. I have been practicing Employment law
for 19+ years and look forward to assisting you. With regard to your post:
I was asked to attend a meeting today by my boss. The request was made at 12:15 for a 2 pm meeting with herself and HR. I called the person who will be my new boss once some hurdles are cleared to see if she was aware of this - she is working through HR to get my boss demoted - my boss is unaware of this. In the 2 pm meeting I was told that due to 2 incidents that occurred in early May I was being asked to have a medical exam. The appointment is at a company facility tomorrow morning which is 2 hours away. When I looked up the "Dr." I have the appointment with I found out he is not an MD he is a behavioral therapist. OK, so this is a mental examination?
I'm paranoid Do you mean that literally, as in, do you have the mental impariment of paranoia?
and feel like I am being jerked around. Possible.
Potentially pre-retaliation for what has leaked out to my current boss. Or post-retaliation, if he thinks you were instrumental in turning some people against him.
The HR person involved has nothing to do with my division. Does he and your current boss have the authority to order this exam?
What are my rights in this situation?
Under the ADA (Americans with Disabilities Act), as a hired individual who works there, your employer cannot require that you take a medical examination or ask questions about your disability (or perceived disability), unless they are related to your job and necessary for the conduct of your employer's business. As such, depending on those incidents to which you refer, would they cause concern about an ability to do your job properly, OR, did they represent a violence tendency or a suicidal possibility? If so, your employer might have a duty to require a psychological exam and/or inform your coworkers, to keep the workplace safe. However, if the incidents have no bearing on mental health, then it would seem they may be overstepping.
Should I have been given some notification that the "incidents" were problematic There is no requirement, no. In fact, it appears that now in early June, after analyzing it, possibly investigating it, they arguably are NOT advising you.
- I was not? Both issues have been resolved and I have never had anyone from HR question me on any of it. Wouldn't that have been the appropriate first step? Appropriate is not really what the law recognizes, at it is somewhat subjective. if the incidents required investigation of witnesses or other facts, no, it is not always wise to question the 'accused' before seeing if there is even an alleged problem (which one would learn from less involved persons, rather than those directly involved). Witnesses, for instance. Also, some incidents don't require questioning, if pertinent facts are not disputed (i.e. perhaps they are on video, or perhaps you don't dispute the facts).
That all being said, take note. Under the Americans with Disabilities Act, once you have been hired and started work, your employer cannot require that you take a medical examination or ask questions about your disability unless they are related to your job and necessary for the conduct of your employer's business. For example, if you appeared to be homicidal or suicidal, your employer might have a duty to require a psychological exam and/or inform your coworkers, to keep the workplace safe. But if none of that is remotely what these incidents relate to, then they can not make you go, and to do so would be violative of the ADA.
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