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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32721
Experience:  JD, BBA, recognized by ABA for excellence.
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Hello, I got sick on my job and was asked to bring in a

Customer Question

Hello,

I got sick on my job and was asked to bring in a Dr's note. I did however, the co., wasn't able to verify the Dr so they asked my to either give them more info on the Dr. or provide them with another doctor's note. I provided them with another note. They haven't allowed me to go back to work because they haven't been able to authenticate the first Dr. So I wanted to know what rights do they or myself have since they rec'd another Dr's note which they asked for but still are not allowing me to return to work. Also what if they are never able to verify the doctor where does that leave me. I also asked them if they needed another Dr's note and was told no. Is this a form of discrimination.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

What as the stated reason for being unable to verify the first doctor? What about the second note, was the employer able to verify the identity of that doctor?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.

They said they called the hospital where the Dr. worked and was told there was no one there by that name. The second Dr. they were able to verify.

Expert:  Tina replied 1 year ago.
I see. Do you know why they would have been told this by the hospital? The note was legitimate, correct? Do you have any reason to believe the employer may be engaging in discrimination against you on the basis of your race, age (40 or older), gender, disability, or other protected status?
Customer: replied 1 year ago.

No I dont know. I dont know if the Dr was on her way out or if she was a physician with a 3yr limitation. I believed she was a Dr. she didnt give me any reasons to think otherwise. Once I had called a Dr and everytime I called they said there was no one there afterwards she told me she was new to the bldg and the receptionist didnt know her yet.
In regards XXXXX XXXXX discriminated against I have Diabetes and my sugar went low on 2 separate occasions so they have me restricted on my duties. The union said they cant do that because its not in the Contract.

Expert:  Tina replied 1 year ago.
I see. Thank you for providing this additional information, Donna. I think we might be getting to the root of the problem, which may involve unlawful discrimination by the employer since you did provide a note as required by their policy (which was verified) and yet they are restricting your duties and not permitting you to return to work.

As you may know, it is illegal for an employer to discriminate against employees because of a disability they have and diabetes is considered a disability when it substantially impairs one or more major life acitivity which appears to be the case here.

Your recourse would typically involve filing a grievance with your union alleging disability discrimination and violation of the union agreement. If the matter is not promptly resolved, then a complaint should normally be filed with the EEOC. It would be best also to retain a local employment law attorney to guide you through this process and aid you in getting reinstated as quickly as possible so your lost wages are minimal.

Look for attorneys who take contingency fee cases if possible.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Tina, Lawyer
Category: Employment Law
Satisfied Customers: 32721
Experience: JD, BBA, recognized by ABA for excellence.
Tina and 3 other Employment Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

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JD, BBA, recognized by ABA for excellence.