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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 32154
Experience:  Employment Law Expert
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I was in a car accident on Friday and off the weekend. On

Customer Question

I was in a car accident on Friday and off the weekend. On Monday when I came for my scheduled shift , I have informed my regional director about it and informed her I am schedule for a doctor's visit. This was via email. No response. Then I informed Hr, who called and talked to me but could not provide me with policy in this case. Doctor gave me a note that I told my RD about. No response. Than I emailed note to her and Hr. No response. After I pushed the issue. 3 way conference call happened over it where Hr told of my regional that I should have been out. Than, since I was there and note clearly stated that I should not be, my Hr asked me to go to my doctor and have her rewrite the note with new dates so company would not be liable. After I came back to work 72 hrs later I was given a write up and told how it is my fault that I put company at risk. Also this now affected my promotion as a sole reason . I have been high preforming employee at this company for 2,5 yrs, no reason I would be denied a position but RD retaliation. I have conversation taped when Hr asked me to have doctor tamper with the note. There is also way more to this but I'm just wondering how can I be written up for being in a car accident where car was totalled and not call out , inform about my condition and still be at fault?
Submitted: 4 months ago.
Category: Employment Law
Expert:  Dwayne B. replied 4 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

Would you mind rephrasing your question? The one you asked is rhetorical and if I answer it just as you asked it may not be much help but if you can be more specific then I would be able to provide more information.

Customer: replied 4 months ago.
My question is : is this allowed ?
Customer: replied 4 months ago.
Is it legal to intimidate employee into signing a document that makes no sense and is not fully explained? Also does the whole thing with write up legal since I informed my rd asap and had a doctor's note ? Is it legal for HR to ask for changing the dates on doctors note to cover themself from liability?
Expert:  Dwayne B. replied 4 months ago.

Unfortunately, yes.

Georgia is an employment at will state which means an employer can take nearly any action they want so long as it isn't motivated by an illegal reason like race, age, gender, etc. or doesn't break any specific laws (ex. the FMLA).

Employers are free to deny employees time off or even to sanction employees for taking off work for medical reasons unless they have permission pursuant to the FMLA.

There is also nothing illegal about having employees sign documents that they don't understand although it certainly will limit the use to which the documents can be made available.

Nothing they did was illegal (meaning against a specific law or statute). Employers can also intimidate or even harass employees so long as it isn't based on an illegal reason like the ones given above.

Most people are unaware that employees have so few rights but if you need me to I can find you a link to a case or to a section of the GA Department of Labor website that explains how terrible the employment at will situation is.

Customer: replied 4 months ago.
That does not seem right.
Expert:  Dwayne B. replied 4 months ago.

It's legal but morally it's not right. I'm going to give you a link to the GA Legal Aid website which has several articles on it about the workplace laws in GA.

Expert:  Dwayne B. replied 4 months ago.

There are exceptions to these laws under the DA and the FMLA.

Expert:  Dwayne B. replied 4 months ago.

How many employees are at your place of business or nearby?