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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15655
Experience:  Employment/Labor Law Litigation
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i work for a trucking company I have been there two years never

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i work for a trucking company I have been there two years never called in sick or missed a day of work. I was scheduled to do a flatbed load and it looked like i said i was sick because i did not want to do the job. I was light headed because i thought my blood pressure was up. i told the dispatcher i was sick punched out and went to the doctor. by blood pressure was 190 over 90. the owner of the company sent me a text saying my starting time was changed i sent him a text stating i was at the doctors office and what my blood pressure was. he refuses to give me back my schedule
Submitted: 11 months ago.
Category: Employment Law
Expert:  Allen M., Esq. replied 11 months ago.
Hello, my name is XXXXX XXXXX I look forward to assisting you today. I bring nearly 20 years of experience in various legal disciplines.

I'm going to ask a lot of questions. All of them are important, so please answer each one if you can.

Are you an employee or a contractor?

How long have you worked with this employer?

Has your doctor cleared you to go back to work? By this I mean, as your blood pressure issue been resolved?

What reason is the employer giving for not giving you your schedule back?

Has FMLA been discussed? How many employees does the employer have?

One final question, are you stating that the employer thought you had called in sick and so took you off the schedule and scheduled someone else to make the run? Are you permanently removed from the job, or just this one run?
Customer: replied 11 months ago.
i am an employee i worked there two years. the doctor just checked my blood pressure he did not say i could not work.my employer is not giving me any reason for changing my schedule his original text was your not feeling good start at noon so you get rest starting tomorrow. i don't know what fmla is . he employes over 50 people.i am permanently removed from the schedule i have had for the last 10 months
Expert:  Allen M., Esq. replied 11 months ago.

Do you have any sort of contract guaranteeing you the specific schedule that you had?

 

Are you not getting any work at all?

Customer: replied 11 months ago.
no i do not have a contract. his actions are retalitory
Customer: replied 11 months ago.
yes i normally work 12 hours a day seven days a week i am the number 1 revenue producing driver employed there the noon start will cost me about $30.000 a year in pay
Expert:  Allen M., Esq. replied 11 months ago.
So, you weren't actually going to be late to work due to the doctor's visit?
Customer: replied 11 months ago.
i was at work i punched in at 330 am i told dispatch i was sick and punched out at 730 am i went directly to the doctor after that
Expert:  Allen M., Esq. replied 11 months ago.
So, you missed no time from work and weren't going to miss any time from work?

I'm trying to nail down here whether or not you were eligible for FMLA use for even a small amount of time. FMLA is medical leave that is protected to deal with health conditions.
Customer: replied 11 months ago.
there is no set hours i normally work 12 hours a day. i could have work more if i was not sick
Expert:  Allen M., Esq. replied 11 months ago.
Ok, here is the problem.

Retaliation has no legal meaning by itself. If you yelled at your employer and he fired you, that would technically be retaliation but it'd be perfectly legal.

We have to look for actions that you took which were legally protected actions that do not allow for retaliation. For instance, if you were fired after complaining about race discrimination, for example, that is clearly illegal retaliation.

So, in this instance, we have to come up with a way to make this retaliation. It's not legally considered retaliation simply because you were at the doctor. That's not enough. You aren't disabled, so that's not the issue here either. For the employer's decision to remove you from your schedule to be illegal, it has to be protected in some way. It's not protected by contract, so the only way we can make it work here is FMLA.

You will have to request an FMLA certification from your employer so that you can your doctor certify that you were "absent" for that brief period of time that you could have been working due to an FMLA qualifying medical condition. If your doctor fills that out, then your employer's reaction would be retaliation based on your FMLA rights being used. That would make the retaliation illegal and you could use the Department of Labor to fight the employer if they refused to place you back into your old schedule.
Customer: replied 11 months ago.
i went to something called med stop it is the doctor my employer uses for our dot physicals i did not go to my personas doctor does that make any difference
Expert:  Allen M., Esq. replied 11 months ago.
No, any medical provider can certify an FMLA form.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 15655
Experience: Employment/Labor Law Litigation
Allen M., Esq. and 2 other Employment Law Specialists are ready to help you

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