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Second opinion] Can an employer force you into inpatient

Second opinion] Can an employer force you into inpatient rehab for alcoholism despite a consultion stating outpatient rehab is the requirement? A employer psychologist recommended inpatient rehab. I went to the rehab for evaluation and the counselor at rehab is recommending outpatient rehab and I would not qualify for inpatient . Then employer is saying it's inpatient or termination. Is this possible? I'm willing to do the outpatient rehab

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Allen M., Esq.

JAG officer and former adjunct prof.

Juris Doctor, Cum Laude

18,436 satisfied customers
Can an employer force you into inpatient rehab for

Can an employer force you into inpatient rehab for alcoholism despite a consultion stating outpatient rehab is the requirement?A employer psychologist recommended inpatient rehab. I went to the rehab for evaluation and the counselor at rehab is recommending outpatient rehab and I would not qualify for inpatient . Then employer is saying it's inpatient or termination. Is this possible? I'm willing to do the outpatient rehab

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Patrick, Esq.

Doctoral Degree

19,736 satisfied customers
What are my rights as an employee as far as termination of

what are my rights as an employee as far as termination of employment due to a medical issueJA: Have you documented this or discussed it with HR?Customer: no I did not I made my immediate supervisor aware of it at the timeJA: Is the employment agreement "at will," union, full time or part time?Customer: not union but full time have been employed with them for over 10 yearsJA: Anything else you want the lawyer to know before I connect you?Customer: I have severe sleep apnea is the medical problem

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John

Attorney

Doctoral Degree

9,000 satisfied customers
I've worked in a very hostile work environment for the last

Hello, I've worked in a very hostile work environment for the last 18 months that have recently led to a psychological breakdown and have had to take FMLA for. Do I have any rights as an employee under these circumstances to change my reporting structure or be transferred to a different area?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TexasJA: Is the employment agreement "at will," union, full time or part time?Customer: Full rimeJA: Anything else you want the lawyer to know before I connect you?Customer: Time

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John

Attorney

Doctoral Degree

9,000 satisfied customers
What employers/companies not only do "NOT" discriminate

What employers/companies not only do "NOT" discriminate against, but more important, even "CATOR TO" people with a back problem? I am aware that employers can't ask an applicant if they have a medical condition, but can only ask something like "Can you lift 50 lbs." or something like that. However, that's not good enough. Let me show you what I mean. Let's say Jack has a back problem that comes and goes. When Jack's back problem strikes, he needs 3 days to a week to recuperate. Once Jack recuperates, he is as able-bodied as any other able-bodied person. Jack's back problem usually strikes anywhere from every 4 months to every 3 years. However, with some exceptions, it might strike sooner than 4 months. In this situation, some employers would tell Jack after 2 or 3 days of being absent "Jack, either come to work now, or I shall replace you with someone that doesn't have your back problem." However, what employers/companies would tell Jack in this situation something like this: "Jack, get well! Don't worry about your work. Your job will still be here for you in 3 days, a week, 10 days, or how ever long it takes for you to recuperate. Just worry about getting well." Again, history has shown that Jack is able-bodied just like any other able-bodied person anywhere from 4 months to 3 years. And when his back problem strikes, history has shown that it takes 3 days to a week to recuperate. Thank you.

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Marsha411JD

Doctoral Degree

19,588 satisfied customers
I have worked as a paralegal for a local law firm for 3 yrs.

Hi... I have worked as a paralegal for a local law firm for 3 yrs. My job performance has been exemplary. I recently moved in with a felon. As my duties include handing HIPAA-protected documentation, my employer fired me. Is this termination legal?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: FLJA: Is the employment agreement "at will," union, full time or part time?Customer: At will, full timeJA: Anything else you want the lawyer to know before I connect you?Customer: No, thank you.

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39,476 satisfied customers
I have filed a charge against my employer with the EEOC for

I have filed a charge against my employer with the EEOC for discrimination. I still work for employer but no longer feel comfortable working however I am a single father of 2 childrenJA: Because employment law varies from place to place, can you tell me what state this is in?Customer: ArizonaJA: Is the employment agreement "at will," union, full time or part time?Customer: At willJA: Anything else you want the lawyer to know before I connect you?Customer: I just need to know if I should continue takibg leads and putting in max effort or should I stop taking leads as it is causing more anxiety and stress

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John

Attorney

Doctoral Degree

9,000 satisfied customers
I was hired as a regional RN clinical liaison on dec 1 2016.

I was hired as a regional RN clinical liaison on dec 1 2016. I reported directly to the CEO. 2 weeks ago I was told that my position was being eliminated but I could be an admissions nurse for a nursing home. I have no experience in this role. I worked in the role for 2 weeks without any orientation. I was told 5 days ago that I no longer had that position but I could be a staff nurse which is less pay, I have no experience working in a nursing home and I'm unable to work the hours they want due to my epilepsy. If I resign can I ask for 2-3 weeks severance pay. I was told in January by the CEO that my job wasn't in jeopardy although the company wasn't doing well.JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: OhioJA: Is the employment agreement "at will," union, full time or part time?Customer: Full timeJA: Anything else you want the lawyer to know before I connect you?Customer: no

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Marsha411JD

Doctoral Degree

19,588 satisfied customers
I will outline my situation for you below and kindly request

Good afternoon,I will outline my situation for you below and kindly request your opinion regarding my employers legal basis for his actions as well as any recourse I may have.I work at a small family owned company and have 12 years seniority with them.On Jan. 27, I was admitted to the hospital for 1 week through the emergency room for viral cardiomyapothy and resultant congestive heart failure. My doctors have not yet released me to return to work, and in fact have me fitted with a personal defibulator life vest. I am on medications to try to strengthen my heart and my doctor seems confident that this is related to a prior bronchitis virus, not my age (41) and will correct over time, though exactly how much improvement and how long it may take is variable.I have kept my employer advised throughout this time frame and in fact have gone to work a couple of days (they were aware it was against medical advice) and have fielded multiple calls from them, even while in the step down unit at the hospital, to assist them with the functions of my job.I have exhausted my vacation and sick time and am now trying to obtain short term disability through the state (NJ) but also have an appointment with my cardiologist on 3/14 at which time I had hoped to be released to return to work.Yeaterday the president of the company emailed me documents indicating that I've requested additional time off, (which I hadn't since I've yet to see the doctor - he is aware of the upcoming appointment) and a request that my doctor complete a medical evaluation outlining major life activities such as walking, breathing and speaking right down to endocrine, digestive and reproductive functions affected by my current disability. He's requested they be returned to him by 3/14. I reminded him that is the date of my visit and pending the outcome may not even need this accommodation (which again I hadn't even yet requested) but he's insistent he needs them asap.I believe that his request is unreasonable if not illegal, to my knowledge this has never been done to any other employee who's required extended time off, and the timeframe he's offered is unbelievably short considering it involves seeing and speaking to my physician. I believe I'm protected under the ADA, especially since he references it in his own letter to the doctor (I think we have just 15 employees). He's indicated that not returning the documents to him by the date requested may result in a denial of my (non)request, which leads me to believe he's covering himself to be able to let me go from my job.I'm happy to provide more information if needed and thank you in advance for any insight you can provide.

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Dwayne B.

Juris Doctor

37,524 satisfied customers
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