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John, Employment Lawyer
Category: Employment Law
Satisfied Customers: 5685
Experience:  Exclusively practice labor and employment law.
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Can my employer suspend me without pay nonwork related

Customer Question

Can my employer suspend me without pay for a nonwork related injury?
Submitted: 1 year ago.
Category: Employment Law
Expert:  John replied 1 year ago.
I'll need to ask you some preliminary questions before I can give you an answer to your question. What were the circumstances of the injury...i.e., what exactly happened and what justification did the employer claim for suspending you?Are you in a union or do you otherwise have a contract for "just cause" (as opposed to “at will" employment which is the default employment condition)?Is this a private employer; as opposed to a city or municipal authority?Do you think the manager who suspended you had an ulterior motive in suspending you, perhaps your age, race, gender, disability or religious beliefs?
Customer: replied 1 year ago.
On march 22 2016 i injured my knee moving things in the garage. I had gone to ER. No broken bones just strain so i was told to ice it and given a brace to wear while healing. On March 23 my moms case manager came for regular visit she saw me in brace and askex me how was i able to care for my mom. I told her i was still able to do my usual duties i just move a little slower. She then said nothing else about it. Then my employer called me on march28 and said that case manager reported i was injured. I said i had not reported it because it happened while off work and that it did not prevent msfrom doing my duties. They then suspended me without pay until i get a doctors release. I obtained a release on May 16 after fighting my insurance about where to be seen and waiting for a referral. They now are telling me it is not detailed enough and i need another.
Customer: replied 1 year ago.
I also called them to ask for a replacement to care for my mom on may15 so i could leave to go to my appointment on may 16. They sent one so does that not show that they awknowledge that i am still providing services?
Customer: replied 1 year ago.
Also nothing was sent to me or signed by me stating that i am suspended. And when i had asked them why if i am suspended and means i cannot work why had a replacement not been sent to cover my 44 hours that are given to services for my mom. They stated they contacted her on april 25 and she said she did not need anyone because i was here. I NEED TO CORRECT MY DATES I APOLOGIZE. APRIL 22 APRIL 23 EXC. I GOT MONTH MIXED UP.
Customer: replied 1 year ago.
I dont know if they or the case manager have any personal issues with me. I also looked over the employee band book and nothing stating that i cannot work if im injured or can be suspended because of it.
Expert:  John replied 1 year ago.
Nothing you can do here accept clarify what exactly they want from your doctor to allow you to return to work. There is no law that prohibits employers from taking employees off work after off the job injuries and requiring they certify their ability to do the job in in light of the injury.