California Employment Law

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California Employment Law

I was forced to go back to work without being released from

Customer Question
Hello I was forced to...
Hello I was forced to go back to work without being released from my doctor in order to keep my employment. Now after two months of being at work my doctor took me off on disability again and
JA: Because employment law varies from place to place, can you tell me what state this is in?
Customer: my employer is asking me to have my doctor fill documents with exact information regarding my disability
JA: Is the employment agreement "at will," union, full time or part time?
Customer: APMT Maersk lay me off From my job during my disability in California
JA: Anything else you want the lawyer to know before I connect you?
Customer: transferred me to North Carolina I️m order to stay employed none union
Submitted: 1 month ago.Category: California Employment Law
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Answered in 1 day by:
11/19/2017
California Employment Lawyer: Marsha411JD, Attorney replied 29 days ago
Marsha411JD
Marsha411JD, Attorney
Category: California Employment Law
Satisfied Customers: 20,484
Experience: Licensed Atty, 29 yrs exp in the practice of law.
Verified

Hello,

Can you please tell me what your legal question is? Also, what is the employer telling you the specific reason is for the need for the paperwork they are asking for? Is this related to FMLA, STD, LTD, sick leave or what specifically?

I will be away from my computer for much of the day but will respond to your supplying the information I requested as soon as I am available.

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Customer reply replied 29 days ago
My fmla ran out already and so did my std
I was off for 6 months before being put back to work now two months later my doctor took me back off.. i was working in South Carolina and I had to fly back to California so my mother could take care of my kids while My friend took me to the hospital was kept over night then i went to my primary car physician
Customer reply replied 29 days ago
HR is asking for my flight receipts which I truly feel is wrong
California Employment Lawyer: Marsha411JD, Attorney replied 29 days ago

Thank you for your reply, however, it wasn't responsive to the information I needed, which is why specifically your employer says they need the information. I need to know that in order to assist you. Also, you originally said that your employer needs the doctor to complete medical paperwork and now you say they want flight information, which one is it?

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Customer reply replied 28 days ago
They want both
Customer reply replied 28 days ago
This was her email to meYour manager forwarded your doctor’s note to me. While I appreciate your having provided the note, we will need additional information from you before we can properly consider your request for an unpaid leave of absence. Please work with your doctor to complete the attached Request for Accommodation Form, and return it to me by November 27. I have also included a copy of your job description for your doctor’s convenience. If we do not receive all of the information requested in the Form by November 27, we may be unable to agree to your request for leave. Please note that I have also had a chance to check with Aetna, and you are not currently eligible for a leave under the Family and Medical Leave Act.In accordance with our customary practice, your pay has been stopped effective as of yesterday, November 16, 2017.Finally, I understand from your manager that you were scheduled to work on November 11 but that you did not show up or call to notify your manager that you would not be at work. Since you later explained to him that you were ill and had to fly out to Los Angeles on November 10, please send me a copy of your trip receipt for that November 10 flight by next Monday.
Customer reply replied 28 days ago
I got confused i was medicated in the hospital when i texted my boss my flight was originally for Sunday and i took off Saturday with my kids!! My phone was dead i have severe depression anxiety and considered suicidal I️ was alone in SC with my kids I do not have family or friends out therefore no one to care for my kids while i recover. I really don’t want my employer to know about my suicidal thoughts and the voices I hear among everything else
California Employment Lawyer: Marsha411JD, Attorney replied 28 days ago

Thank you for that information. There are two different issues here per the not from HR. One is their need for information so that they can make a decision about whether they can accommodate you under the Americans with Disabilities Act, which is the way in which your job would be protected by taking unpaid leave when you no longer have FMLA left. So, if you want them to accommodate you, then you will want to have your doctor complete the paperwork. This is completely different than FMLA or STD, so they have the right to that information. If you don't provide that, then they can deny your request and could, if they choose, terminate you for attendance issues despite any medical condition you might have.

The other issue is actually one where it looks like they are wanting confirmation that what you told them about taking your trip was true. If you don't have supporting evidence and can't convince them that you were unable to report to work or call in, then they can terminate you for "cause" as a no call, no show. They are actually trying to give you a chance at retention by supporting your reason for that absence. Again though, this is up to you. If you don't provide it, you might be terminated for the reason I mentioned.

If you are let go, then you might want to sit down with a local employment law attorney who handles disability discrimination cases and who can actually gather all of the facts of what is a complex issue to see if they think you might have a valid claim against the employer. I can't make that guess since I don't have all of the facts, especially from the employer's perspective.

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 in the ratings box on this page and also reply to this answer and let me know that I covered your question, then the Site will give me credit for assisting you today. Thank you

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California Employment Lawyer: Marsha411JD, Attorney replied 26 days ago

Hello again,

I wanted to touch base with you and make sure that you did not have any follow up questions for me from the answer I provided to you on the 20th. For some reason, the Experts are not always getting replies, or ratings (at the top of the question/answer page you are viewing or in the pop up box for this question), which is how we get credit (paid by the Site) for our work, that the customer thinks have gone through. In your case I received neither.

Please keep in mind that I cannot control the law or your circumstances, and am ethically bound to provide you with accurate information based on the facts you give me, even if the news is not good. If you are having technical difficulties with reading, replying or rating, please let me know so that I can inform the Site administrator. Please note that Site use works best while using a computer and using either Google Chrome or Firefox.

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. You can bookmark my page at: http://www.justanswer.com/law/expert-marsha411jd/

Thank you.

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