Employment Law

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Can you please direct me to the regulations and statues

Customer Question
Can you please direct...

Can you please direct me to the regulations and statues surrounding whether or not a direct manager can required a "Fitness For Duty Certification..." when I am not on leave? I have bipolar... I was awake for 4 days, because that's what bipolar people sometimes do.. and I told my employer that I needed to leave the office to work from home because I didn't feel like I should be in a public place at that point.. and that I wanted to get home before I took the risk of hallucinations or something.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

The average person is at risk for hallucinations after 72 of sleep deprivation. New York.

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

At will, but full time hourly employment.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I had been providing doctors request for accommodations for 3 months.. and then they laid me off.

Submitted: 8 months ago.Category: Employment Law
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Answered in 25 minutes by:
9/20/2017
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 21,719
Experience: B.A.; M.B.A.; J.D.
Verified

Hello: This is Phillipsesq. Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

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Employment Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

I am sorry to read about your difficulties.

There is no such requirement when an employee is not on family leave. For more information, click here and here.

If you have been discriminated against because of your disability, your can file complaint with the NYS Division of Human Rights

Best wishes,

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Customer reply replied 8 months ago
Um did the other guy send you the press release that my company put out true day after I was laid off for my position being eliminated due to "over staffing" last week?
Customer reply replied 8 months ago
https://newsroom.cnb.com/news/in-the-news/city-national-s-successful-merger-with-rbc
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

I am sorry, but I do not understand your follow-up question. What is the relevance of the press release to the issue presented here? In any event, my previous answer remains the same.

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Customer reply replied 8 months ago
Call me crazy.. but my position was as a residential mortgage consultant taking in the referrals from the RBC financial advisors. Basically, if you could please look at the bottom of page 6.. the second paragraph on page 8, and the second to last paragraph on the same page that describes the companies anticipated growth because of mortgages... which was my job... correct me if I am wrong, but this doesn't sound much like a company laying off due to over staffing.
Employment Lawyer: Phillips Esq., Attorney-at-Law replied 8 months ago

I am sorry, but I cannot review documents under this thread. The site specifically offers premium service for such review. You can request for the service. I do not participate in the program.

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Customer reply replied 8 months ago
I disclosed my bipolar 3 months ago and requested accommodations that were never provided to me. I have felt like there has been a target on my back ever since. HR asked me to describe my "limitations" and my manager told me that I should change my personality because I will never get promoted. Dude. You can't tell someone with a Personality Disorder to change their personality, can you? I mean.. it seems a little bit to me like telling an amputee that he/she needs to grow new legs.
Customer reply replied 8 months ago
Seriously? It's a news article that was released on the internet. It's a matter of public record.
Customer reply replied 8 months ago
it's kind of the primary reason that I am even speaking to you because I can't decide if I should even consider speaking to HR about additional severance or if I should just sue the dickens off them.
Employment Lawyer: Law Educator, Esq., Attorney replied 8 months ago
Law Educator, Esq.
Category: Employment Law
Satisfied Customers: 124,442
Experience: 20+ Years of Employment Law Experience
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

I am a DIFFERENT CONTRIBUTOR as your previous contributor had to leave.

Under the Americans with Disabilities Act, the employer must provide reasonable accommodation for an employee to perform the duties of their job. I disagree with the previous contributor in that there is nothing in the law one way or another about fitness for duty documentation. An employer has a legal right to make sure all employees on their workplace are safe in the workplace, meaning they are not a danger to themselves or to other employees in the workplace.

So the employer can ask, based on the way the employer is acting in the workplace, for a certification merely that you can be safe in the workplace. They cannot deny you reasonable accommodation for your disability.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Law Educator, Esq., Attorney
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