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My boss told me I have memory problems due to a TBI and she…

My boss told me...

My boss told me I have memory problems due to a TBI and she required me to go to HR and get disability accommodations. I don't have and have never had a TBI. This is the only time she ever mentioned memory problems and she didn't give any examples. Can she tell me I have a disability? Can she say I have a TBI? Can she require me to go to HR?

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

My boss when to HR before I got there and told them I would be coming so HR gave me a packet to fill out with my doctor and set up a meeting with me, HR, my boss and our general manager.

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

I work in a hospital. We don't have a union. What is at will?

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

I'm worried I'll lose my job if I don't do what she says. I won't be protected by the ADA because I don't have a disability.

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Answered in 6 hours by:
3/19/2018
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,432
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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I am so sorry to read about your difficulties.

Kindly note that I just came across your post. I do not have control over the question list or the promises made to you by the site as to the response time. I am just a site user just like you. Nonetheless, I apologize for the delay in response to your post.

Kindly give me a few minutes to prepare my response.

Thank you for your patience.

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My boss told me I have memory problems due to a TBI and she required me to go to HR and get disability accommodations. I don't have and have never had a TBI. This is the only time she ever mentioned memory problems and she didn't give any examples. Can she tell me I have a disability?

Response 1: No, she cannot. This is quite ridiculous! Is your boss your doctor? Why is she giving you medical diagnosis?

Can she say I have a TBI?

Response 2: No.

Can she require me to go to HR?

Response 3: No.

I'm worried I'll lose my job if I don't do what she says. I won't be protected by the ADA because I don't have a disability.

Response 4: Your boss' behavior and action are quite unprofessional. How can she diagnose you with illness that you do not have and then demand that you seek accommodation for your disability?. She is not the one to determine whether you have disability and whether you should seek ADA accommodations. That falls on you only. You should tell your HR that. Your boss should be disciplined for her unprofessional behavior.

If you lose your job under the circumstances, you should file lawsuit for wrongful termination. This is quite ridiculous.

Best wishes,

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Thank you for your cooperation.

Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Employment Law
Satisfied Customers: 22,432
Experience: B.A.; M.B.A.; J.D.
Verified
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