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Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20127
Experience:  Licensed Attorney with 29 yrs. exp in Employment Law
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Can an employer ask for a doctor's note for a doctor's visit

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Can an employer ask for a doctor's note for a doctor's visit on my day off
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: Texas
JA: Has anything been filed or reported?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: The employer wanted me to work on my day off. When I told her that I had a doctor's appointment she wanted a doctor's note as proof


Thank you for the information and your question. Yes, if you are an "at will" employee, with no contract that locks in your work schedule, then if the employer wants you to work and you use an excuse that would validate not coming into work, the employer has the right to have verification. If you refuse to show that verification or didn't have an appointment, the employer could count the absence as unexcused and take disciplinary action, including up to termination. That is, unfortunately, the nature of "at will" employment. You don't have to tell them what was wrong with you, just need to confirm you were where you said you would be.

Please feel free to ask for clarification if needed. If none is needed, then if you could take a moment to leave a positive rating of my efforts to explain the law of the issue to you, then the Site will give me credit for assisting you today. Thank you

Customer: replied 1 month ago.
The employer asked me to come into work at about 10pm after I worked a 15 hour shift. I am paid hourly and schedule been posted for 2 weeks. She wanted me there very early the next day

Thank you for your reply. Texas does not have any laws that limit how many hours a day or how many days a week an employee can be asked or directed to work. Some states limit the employer's ability to do that, but not Texas. So, it wouldn't matter how much you had worked or how fixed the schedule was, unless you have a contract, the employer is always free to change the terms and conditions of employment in an "at will" situation.

Customer: replied 1 month ago.
Should an employer give more notice than at the last minute to have the employee come in?

Should they, yes. Do they have to under the law, no. Many employers don't even have set schedules and just let their employees know the night before they have to work, that they are scheduled. But, even if there is a schedule in place, the employer can change it at the last minute and even call an employee in on the morning they need them. Not good management, but it is legal.

Customer: replied 1 month ago.
Thank you for your help. I am experiencing a lot of sudden schedule changes from this employer and it feels like harassment if I don't comply

You're welcome. If you do believe that you are being targeted because of your gender, race, national origin, disability, age (over 40), pregnancy or military service, then you can file a formal complaint with your HR Department if there is one or, if not, directly to the EEOC to the Texas Human Rights Commission.

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