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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15045
Experience:  Employment/Labor Law Litigation
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I currently work for a veterinary office and have been there

Resolved Question:

I currently work for a veterinary office and have been there for the past 3 years. I have dealt with back and neck pain off and on during that entire time, but in the past 4 months or so it has gotten worse causing me to take prescibed pain medications and seek the advice of a surgeon. Now my employer will not let me work and is refusing to let me back to work until I have the surgery done which isn't even scheduled yet. I am completely capable of performing all job functions with the only limitation being that I do not lift over 20 lbs.

Can they legally do this to me as I have been a full time employee this entire time?

Can I file for unemployment since they will not let me work? I have been without a paycheck for 3 weeks now and will not be able to afford the surgery without any money.
Submitted: 9 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 9 months ago.

Thank you for your question today, I look forward to assisting you. I bring nearly 20 years of legal experience in various disciplines.

 

They can require that you have a release from your doctor to work. Now, if you have restrictions on your work and lifting more than 20 lbs is something that you would ever be required to do as part of your job, they can require that you not return to work until you have been fully released.

 

You can file for unemployment, but they will likely deny your unemployment if you are under restrictions from a doctor.

 

So, I would have your doctor release you to work or schedule the surgery more quickly, because the employer is regrettably not in violation of any law by keeping you from work.

 

 

Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15045
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 5 other Employment Law Specialists are ready to help you
Customer: replied 9 months ago.


thank you. I am heading to the doctors office now so I will have them write a letter to my employer.

Expert:  Allen M., Esq. replied 9 months ago.
Take care.

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