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Ask Tina Your Own Question
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8184
Experience:  JD, BBA, recognized by ABA for excellence.
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I do have a question, my employeer gave me a psychological

Customer Question

JA: Hi. How can I help?
Customer: i do have a question
JA: Have you documented this or discussed it with HR?
Customer: my employeer gave me a psychological fitness for duty came back that i am unfit for duty in the job i was working.... i need the medical records to be released to my physician and i have signed paperwork at my doctors office for realease of those records...i am still with the agency... i need those records so my doctor can review them and make a treatmenet plan and so my short term diability can be processed.... i wrote a letter to my employeer HR and asked the fitness for duty records be released to my doctor.... my employer says their legal department is still deciding on the request ... can they keep my records from my doctor
JA: Is the employment agreement "at will," union, full time or part time?
Customer: it is local government and we have a due process for termination... no union for us
JA: Anything else you want the lawyer to know before I connect you?
Customer: they basically forced me to sign the paperwork for the fitness for duty exam by saying do this or we take you to discaplinary action (and i can prove this).....
Submitted: 10 days ago.
Category: Employment Law
Expert:  Michael Bradley replied 10 days ago.

If they are going to use the documents in making a determination regarding your fitness for duty then they need to release them to you so that you can take appropriate medical steps.

I am guessing that they are hesitant to release them for legal reasons, that you will sue.

I would give them a little bit of time but not much.