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Patrick, Esq.
Patrick, Esq., Lawyer
Category: Employment Law
Satisfied Customers: 11666
Experience:  Significant experience in all areas of employment law.
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My husband who works for a company for over 10 years broke

Customer Question

My husband who works for a company for over 10 years broke his foot the beginning of October at home not work related. He put in for the family leave since the company has over 50 employees and meet all the criteria.
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: He left his job with the idea of coming back within the 12 weeks when he was ready to do his job which was superintendent doing time sheets paperwork and running errands. He had a company vehicle and was promised he would have been returned. He is able to work wearing a boot and driving with the small shoe. The doctor has cleared him to go back. His employer request if you do part time at first and when he was ready to come back full-time. He told him to have me his wife left him off at work on Monday morning and he would have a truck again. Today he said he didn't want to give the truck because he didn't know if he can drive. What is legal for his boss to do
JA: Is the employment agreement "at will," union, full time or part time?
Customer: Broward County Florida
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is a privately owned construction company in Davie Florida and is not unionized.
Submitted: 2 months ago.
Category: Employment Law
Expert:  Patrick, Esq. replied 2 months ago.

Hello and thank you for entrusting me to assist you. My name is ***** ***** I will do everything I can to answer your question.

Is it safe for your husband to drive with the boot? Also, what precisely is the issue, so that I can better understand. Is it that your husband's employer is withholding the company car? Thank you for any clarficiation you can provide.

Customer: replied 2 months ago.
he had a truck which he turned back during his leave. I drop him off today so that he would drive the truck back but after he got there the boss said he didn't think he could drive but he can with special shoe. No truck keeps him away from work
Expert:  Patrick, Esq. replied 2 months ago.

Thank you

Your husband's employer would be entitled to a note specifically certifying that he is able to safely drive with the boot. As soon as your husband can provide the note to his employer, then his employer would be in violation of the FMLA and ADA for refusing to give him back the truck. The note doesn't need to take any special form. It just needs to be signed by his doctor and state that driving with the boot does not pose any safety risks.

If I can clarify anything at all for you, please do not hesitate to ask. It is my pleasure to assist you further if necessary....

Expert:  Patrick, Esq. replied 2 months ago.

Hello again,

I just wanted to followup with you to make sure that you did not have any further questions or concerns. For some unknown reason, the experts are not always getting replies or ratings (which is how we get paid for our work) that the customer thinks have gone through. In your case I have not yet received either. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the site administrator.

In any event, it was a pleasure assisting you and I would be glad to attempt to assist you further on this issue, or a new legal issue, if needed.

Very best wishes.

Customer: replied 2 months ago.
I thank you so much. Unfortunately we don't have that kind of money for a phone call.
Expert:  Patrick, Esq. replied 2 months ago.

I'm actually not even set up for phone calls, so don't worry about that. It's an option that automatically pops up on the site.

Again, please feel free to let me know if you have any further concerns. If I have answered your question, I would be very grateful for a positive rating of my service (using the stars at the top of the page) so that I may receive credit for assisting you.

Very best wishes.

Customer: replied 2 months ago.
You have been very helpful. If it turns out we need an attorney I'll contact you. Again thank you.
Expert:  Patrick, Esq. replied 2 months ago.

You are welcome. Please do not forget to rate before leaving. Rating is how I am paid for my time answering questions here, and it does not cost you anything to rate.

Thank you so much, and happy holidays.