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I was put on paid administrative leave because I had a panic…

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I was put on paid...
I was put on paid administrative leave because I had a panic attack at work. My employer said I had to have a fitness for duty exam with a psychologist chosen by the employer. I attended the exam and the psychologist was reading off a paper of concerns that my employer had about me. She said the paper was faxed to her by the my employer. However, she would not let me read or see the paper. She said it was property of my
employer and I am not allowed to see it. Do you know what is the rationale for not letting me see my employers concerns? She also would not tell me who had brought up the concerns. Many of the concerns were exaggerations or had never been brought to my attention before and I was never given a chance to write a rebuttal. I am a union member and live/work in Ohio. This is a government job. Thank you.
Submitted: 1 year ago.Category: Employment Law
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4/1/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 1 year ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,631
Experience: Employment/Labor Law Litigation
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Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

I can't explain the employer's rationale. That is personal to the employer and is not something dictated by law of any sort. The doctor is correct though that the employer's concerns are the property of the employer. The doctor's results, however, would belong to both of you.

The doctor is not in a position to brief you about who brought up the concerns or what they were. If the employer, based on the doctor's recommendations, ultimately decides not to allow you to return to work, you can file a complaint with the EEOC alleging discrimination against a disability. The employer would then have to provide all of this information that you presently don't have.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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