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I recently gave my employer a doctors note releasing me from

work for 2 weeks....
I recently gave my employer a doctors note releasing me from work for 2 weeks. My employer text me on the work cell phone and told me to turn in my phone, my keys, and all passwords. She also, after a day cut off the work cell phone, changed all the locks, de-activated my key card and cancelled all my passwords and email, can she do that.
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Answered in 1 minute by:
6/17/2013
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
Hi,
Thank you for your question and I'm very sorry to hear about this situation.
Why did the doctor order you off work for two weeks?
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Customer reply replied 4 years ago

I have suffered stress related migrans due to the ongoing mistreatment of the supervisor. My doctor also have me talking to a theropist

How long have you been working for this employer and how many employees does the employer have overall?
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Customer reply replied 4 years ago

9 years and 10 months there are 10 employee's total. There are 4 other employee's 1 have been fired already the other 1 is being forced to retire and the other 2 are being threaten that they can be fired.

Thank you for your response.
I think the best thing here is to start with an explanation of the law in this area and then discuss your case in particular. In Maryland, and throughout the United States, employment law heavily favors the employer in most situations. Unless the employee has a contract which provides that the employee may only be terminated for cause, the law will hold that the employee's right to work falls under the At Will Doctrine. The At Will Doctrine provides that an employer may terminate an employee for any reason whatsoever, even if it is a false reason. The only limitation on this is that an employer may not terminate an employee because of discrimination based on race, color, religion, sex, military status, national origin, disability, age, or ancestry of the employee.
The employee can also not be terminated if they qualify for protection for medical leave. The Family Medical Leave Act and the Maryland Flexible Leave Act both provide that an employee is entitled up to 12 weeks off per year for serious medical conditions, which would apply to your migraine situation. Unfortunately, neither of these laws apply to employers with less than 15 employees. This means that you cannot prevent your employer for terminating you here.
An alternative is to attempt to claim the injury under the Maryland Workers' Compensation Act. Your doctor has told you that the condition is caused by work. This may qualify under the Act. You should file a claim at: http://www.wcc.state.md.us/WFMS/C1_WebForms.html
If approved, you would likely be entitled to at least some temporary income benefits until you find a new job.
Probably a better alternative is to simply file an unemployment claim. You were not terminated for cause. You were terminated because you sought time off for a medical condition. While your employer is entitled to terminate you for this under the at-will doctrine, it cannot claim you were at fault for the termination.
Please let me know if you have any further questions. Please also kindly consider rating my answer positively so that I am compensated by the website for my work on your question. Rating positively does not cause an additional charge and does not prevent us from further discussing your questions.
Best Regards,
ZDN
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Customer reply replied 4 years ago

So another employee is out on medical leave and did not give a dotocs note. But she did not get the same treatment as I got.

I'm sorry to hear that. Unfortunately, you are not in a situation where you can force medical leave on your employer. Your employer may act arbitrarily against you in this circumstance.
Do you believe that your employer's actions are based on a discriminatory motive at all?
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Customer reply replied 4 years ago

both discriminatory and retailiation because she wanted me to fire an employee but because she did not follow policy I told her I want no part of it. This was in October of 2012 and after I didn't do that its be hell working there up until this point. Than she turn it into me not doing my job. I have a clean record I have nothing negative in my file and I have never been written up for anything.

Let me rephrase my question. Do you believe that the employer's actions were based on race, age, gender, religion, national origin, and/or disability discrimination?
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Customer reply replied 4 years ago

race and gender

OK.
As that is the case, you need to file a claim for illegal employment discrimination with the Maryland Commission on Civil Rights at: http://mccr.maryland.gov/empldiscr.html
If you are able to establish your claim as based on gender and race, you will be entitled to compensation.
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Customer reply replied 4 years ago

thank you

I'm glad I could help. I hope you are able to get this resolved to your satisfaction.
Please let me know if there are any further questions I can answer for you and please remember to rate my answer positively.
-ZDN
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
Experience: Contracts, Wrongful termination and discrimination
Verified
TexLaw and 87 other Employment Law Specialists are ready to help you
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TexLaw
TexLaw
TexLaw, Lawyer
Category: Employment Law
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Contracts, Wrongful termination and discrimination

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