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Hello, I work nights at a well known supermarket. Due to…

Customer Question
Hello, I work nights at a...
Hello,

I work nights at a well known supermarket. Due to extreme stress I had to take time off, but I still received partial pay from my union. The stress is due to harassment from my bosses and I would like to get transfered to another store. My union rep and I had a meeting with the manager of my store. At this meeting I presented him with a note from my doctor stating that he recommends that I transfer from that store and work days due to my health. The manager told me that he does not have to grant my request for a transfer. Is this true?
Submitted: 8 years ago.Category: Employment Law
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Answered in 2 minutes by:
6/23/2010
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
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Yes, that is true. Your doctor can not dictate what your employer does. Your doctor can certainly make recommendations, but the employer can take a risk and state that they do not believe it to be a reasonable accommodation to transfer you to a different location.

You'd then be able to grieve through the union and potentially file an ADA complaint with the EEOC, assuming that your doctor has stated that you suffer from a disability that should be permitted accommodation.
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Customer reply replied 8 years ago

What is an ADA complaint with the EEOC?

 

How do I go about doing this?

 

I am due to return to work next week after being out on mental disability and I feel very uncomfortable returning to that store.

Employment Lawyer: Allen M., Esq., Employment Lawyer replied 8 years ago
ADA is American's with Disabilities Act and that is only applicable if your doctor has diagnosed you with a stress injury/illness sufficient to qualify. If not, you'd have no legal right to accommodation at all, unless your collective bargaining agreement created that right.

The EEOC is the Equal Employment Opportunity Commission and can simply be called about making such a claim. You don't need an attorney.
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