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John
John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 4523
Experience:  Exclusively practice labor and employment law.
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I was sent by my employer to be evaluated by a psychiatrist

Customer Question

I was sent by my employer to be evaluated by a psychiatrist and was cleared to return to work. My employer is requiring me to see a psychiatrist further as a condition of returning to work. I am under the impression that they can't require such a thing if I'm already considered fit to return. I have been on unpaid suspension for about 6 weeks.
Submitted: 1 month ago.
Category: Employment Law
Expert:  John replied 1 month ago.

Yes, what your employer is doing is a violation of the American's with Disabilities Act. They can send you to the doctor if they reasonably believe you are a threat to yourself or others, but they cannot insist you get further treatment when you have been assessed as able to return to work; that's a violation. You can/should fiile with the Equal Employment Opportunity Commission. The EEOC would investigate the workplace at no charge to you and make a determination of whether discrimination occurred. If the EEOC finds that, they attempt to work out a resolution or, if a resolution cannot be reached, they'll either sue the employer or allow you to sue them in federal court. Lastly, your employer cannot legally discipline or discharge you for filing with the EEOC. If this sounds like something you're interested in, you can learn how and where to file a charge with them here- https://www.eeoc.gov/employees/howtofile.cfm

Customer: replied 1 month ago.
resigning and sueing isn't the proper action at this point?
Expert:  John replied 1 month ago.

If you resign, then you add the factor to your case of constructive discharge. In which case you have to additionally prove that no reasonable person would have stayed in the position, and you'd have to try to mitigate damages by looking for another job. Neither of these ruin your case, but make the case more complex.

Expert:  John replied 1 month ago.

I believe this answers your question. However, if you need clarification or have follow-up questions regarding this matter, I will be happy to continue our conversation – simply reply to this answer. If you are otherwise satisfied with my response, please leave a positive rating as it is the only way I am able to get credit for my answers (even though the website already charged you, it does not credit me with the answer unless and until you indicate you are satisfied with the answer). Thank you, ***** ***** wish you all the best with this matter.

Customer: replied 1 month ago.
I was terminated today for not signing the agreement to go to Psychotherapy. The employer is calling in "Voluntary" on my part. Is this considered "voluntary", not having a choice but to agree to a violation of my rights?
Expert:  John replied 1 month ago.

No, not in any way is it a voluntary resignation. You should consider litigation for certain.

Expert:  John replied 1 month ago.

Sorry to bother you, but you haven't yet provided a positive rating for this answer. YOU MUST COMPLETE THE RATING FOR THE EXPERT TO RECEIVE ANY CREDIT, if not the site keeps your money on deposit and I get no credit for the work I put into the matter. Thanks.