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Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I am a Longshore person on the port of new Jersey. We do not

Customer Question

I am a Longshore person on the port of new Jersey. We do not have sick days or personal days. We work outdoors in every element, they've instilled a debit system which basically allows you 2 unexcused absences per month, we don't have days off the port is open 24 hours, 7 days a week. When you're close to receiving a 3rd debit they're supposed to send you a warning letter.
My issue is that I'm being penalized for a day that I had surgery, I handed in the necessary documents and was told that they don't accept doctors notes. I gave discharge papers, a note from the doctor and it still was not accepted. These rules were not voted on by the rank and file of our local, this is something that the NY shipping and the companies implemented and we knee nothing about it. When they would accept doctors notes they would tell us that the doctor had to explain why we were there or they wanted an explanation of benefits from our health insurance, which is a violation of the HIPPA law. I need clarification that this is indeed illegal and I need to know if there is any action that I can take.
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ely replied 1 year ago.

Hello and welcome to JustAnswer. Please note:This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I am sorry to hear about this situation. Can you please tell me if you are a (a) contractor, or an (b) employee?

This is not an answer, but an information request. I need this information to answer your question. Please reply, so I can answer your question. Thank you in advance.

Customer: replied 1 year ago.
I'm an employee
Expert:  Ely replied 1 year ago.

Thank you. One last question - my apologies.

1) How many employees does the company have?

2) How long have you been employed there?