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JBaxLaw
JBaxLaw, Employment Lawyer
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Experience:  Government and private sector employment law experience
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my employer forced me to see a doctor because they claimed

Resolved Question:

my employer forced me to see a doctor because they claimed i was "not well". As per the doctor, I was "fit for full duty". What is my recourse?
Submitted: 1 year ago.
Category: Employment Law
Expert:  JBaxLaw replied 1 year ago.
Hello,

I am a professional here to assist you. I appreciate your use of this service. Where is the employer located? What state? What type of work are you required to perform? Does the work require manual labor?

Thank you
Customer: replied 1 year ago.

JFK airport, NY. I am a ground staff supervisor at a major airline responsible for passenger services. No manual labor is involved. I believe they were hinting at intoxication, except that they never said so. They stated that I was "not myself", I was "slurring" my words, I appeared too calm and I appeared too tired. I honestly thought I might be having a stroke. I was ordered to go to the medical facility and they called a cab for me to be transported there. Within 20 mins of leaving my job, I reported all this to the doctor on duty and after examining me he determined that I was fit for full and immediate duty. I returned to work right away and placed a copy of the medical clearance note in my manager's office. No one stated that they saw anything amiss from that point on. The following day, I was summoned into the office of my direct manager and the asst station manager who reported that they were told of additional "odd behaviors such as I have a flashlight in my purse and that I use a magnifying glass. Also that I touched the face of a co-worker. No one mentioned the smell of alcohol or stated directly that I appeared intoxicated. Instead they encouraged me to seek help for whatever may be in my life. This is beyond intolerable and stressful. It may the work of one malicious MOD who once reported me for using expletives when I made a statement that the supreme upheld the use of offensive statements such as "f**k the ..." as part of protected speech. That is the mentality of my workplace. They have gone too far.

Expert:  JBaxLaw replied 1 year ago.
Are you part of a union?

Do you have an employment contract?

Thank you
Customer: replied 1 year ago.

No union, at will. However, I have been employed by this company for 15 years without blemish.

Expert:  JBaxLaw replied 1 year ago.
In at will employment the employer may terminate for any reason at all including what they perceive as odd behavior. There are some exception such as where discrimination against a protected class is involved. For example, if you had requested an accommodation due to a disability and were facing discriminatory actions.

Generally, the employer can terminate or request an employee to stop behaving in a certain manner. You would have potential protections if you had a contract or were in a union. Those elements are absent here. In such situations, an employee is typically stuck working with the employer to resolve their concerns.

Please follow-up with me as needed. This is intended to be an ongoing dialogue until you are satisfied. I rely on positive service ratings and bonuses to provide information at this site. I would really appreciate a positive service rating.

Thank you
JBaxLaw, Employment Lawyer
Category: Employment Law
Satisfied Customers: 11319
Experience: Government and private sector employment law experience
JBaxLaw and 4 other Employment Law Specialists are ready to help you
Expert:  JBaxLaw replied 1 year ago.
Thank you so much for allowing me to assist you.

Please let me know if you need any other assistance. Thank you for leaving me a positive rating and ensuring that I receive credit for assisting you.

Thank you again

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JBaxLaw
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Government and private sector employment law experience