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I received a medical certification or advice from Kaiser…

Customer Question
Hi, I received a...

Hi, I received a medical certification or advice from Kaiser from 12/24 to 12/25 due to medical problems specifically pain which I've been dealing with along time now. When I came back to work 12/26 the staff where iWork stayed that the boss or director of nursing said that she doesn't believe was sick and it is easy to obtain these doctors note. What can I do here? Complain? State? Labor ?corporation?

Lawyer's Assistant: Have you discussed this with a manager or HR? Or with a lawyer?

No

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

Yes I am at will employee and nonunion

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

That's it

Submitted: 6 months ago.Category: Employment Law
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Answered in 1 minute by:
12/27/2017
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Employment Law
Satisfied Customers: 13,270
Experience: Licensed to practice before state and federal court
Verified

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

So, if I can understand your situation more clearly, are you saying that your supervisor says they didn't believe you were sick. Did some negative employment action come against you regarding this?

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Customer reply replied 6 months ago
They haven't talked to me yet but my boss said it to other employees and I was kinda mad cause they said she was kind of saying I was faking it
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

I'm sorry to hear that. Well, if there is no negative employment actions just yet, then you'll be fine. On the other hand, if you had some proof that you were sick, but they demote you, terminate you, or otherwise dock your pay, then it is possible you may have opportunity under contract law. Under the Uniform Commercial Code Section 1-304, every contract comes with implied promises from both parties that they are going to be acting fairly toward one another. The failure of one party to act fairly toward other can result in a breach of contract. There’s a site that I’ve used in the past where you can find a good template for advising of a breach of contract. It's a bit easier (and cheaper) than going through litigation and I have seen it be effective in the past. If this doesn’t work, sadly, the only other option is to either go through an informal mediation or file a lawsuit in your local court. This website is also pretty cool because you can just purchase, download, and go. Click here to get started and save it in your back pocket.

Did you have any other questions for me?

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Customer reply replied 6 months ago
Yea I received a medical certification. Um would I tell the corporate HR. I mean her words was a bit defamation? Like I was a liar.
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

It could be defamation as well and I think telling HR may be a good idea, but only if something negative happens to you employment-wise.

efamation is basically a false and defamatory statement, published to a third party, that causes harm (usually a lessened reputation in the community, lost business opportunity, or other harms as the facts dictate.)

So, it is possible that it would be an additional cause of action if they did anything. Sometimes, even just the threat of a lawsuit can be enough to just have them believe you!

Did you have other questions for me today?

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Customer reply replied 6 months ago
Ok ty one more question, are they allowed to ask or maybe demand me what happened or ask why I called in sick from a job duty
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

They can, but only up to a point. Because of HIPPAA guidelines, they can't inquire too much. Unless it's critical to your job function (e.g. if they need to know if you have contracted HIV), then they can't inquire beyond some reasonable inquiry.

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Customer reply replied 6 months ago
Yah I got that part but I was told from others obviously they do not have or I assume no law background that they cannot ask questions at all for call in from a job duty. Maybe question when getting a job?
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, I think I need to clarify your question: are you asking whether they are only disallowed to ask when you're applying for a job?

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Customer reply replied 6 months ago
Sorry in on a phone. My question was in regards ***** ***** sick from work only. They or my boss cornered my and demanded the doctors note and asked why I called in sick. Is that acceptable?
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

That's no problem. Well, they can ask why you called in sick, but they can't go much further than that. They may be able to require a doctor's note to prove your illness, but that doesn't mean the doctor can provide things such as your full medical history. Does that help?

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Customer reply replied 6 months ago
Oh got it, they can ask but that's it. They can't demand it.
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

That's correct. They can ask for confirmation that you saw a doctor that day, but they can't demand that you give them the dirty details of your medical history. You may need to just ask your doctor for confirmation you were sick that day and leave it at that.

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Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago

Hi, just wanted to double check to see if you're still with me:-)

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Customer reply replied 6 months ago
Yah I got it, I'll just wait till I see them or tall to me. Also since you know law. I had talked to the same boss in regards ***** ***** staff member that she referred hired. Which happens to be a supervisor now. I've stated that he doesn't do several of his job duties. Since then, he does not communicate to me, his wife which is another manager whom gives inservices does notice any inservices to me or speaks to me at all. Also I've noticed that my boss changes my schedule only. Is that something I should be concerned about
Employment Lawyer: Legal Eagle, Lawyer replied 6 months ago
Hi thanks for responding. The schedule changes might be something to pay attention to. At least pay attention to how your schedule changes compared to everybody else's. Did you have any other additional question for me? If not, were you satisfied with your service today?
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