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Old 11-06-2011, 10:01 AM
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catra121 catra121 is offline
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Join Date: Jan 2010
Location: Illinois
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catra121 catra121 is offline
Senior Member
catra121's Avatar
 
Join Date: Jan 2010
Location: Illinois
Posts: 1,785
15 yr Member
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As far as I know, I don't think that work can make you not work when you are willing and able to do the job. Are you salaried or hourly, full-time or part-time? That can make a difference in terms of what they can legally do/not do. But even if there is no HR department at your workplace, there is someone who employees are supposed to report HR issues to. Even if that person is your boss, a personel manager, or the VP, you should report your concerns to them (in a respectful and professional way). If you do not notify them of your concerns about harassment you are not giving them an opportunity to correct the situation.

Mike has a lot of good information there and I honestly don't know anything about that stuff. That's definitely something to consider.

This is such a crummy situation...been there before and probably will be there again. I really think that you need to research what your remedies are if they send you home again, but if you CAN do your job (and you need to be honest with yourself on this one because sometimes even though we WANT to do the job that doesn't necessarily mean we CAN) then you just need your doctor to say so and to write out any restrictions you need if any. So long as those restrictions don't cause any extreme hardship on your employer then they have to accomodate them.

Also...I don't believe your employer can ask for any specifics about your condition. They can ask you what tasks you can and cannot perform, but you are not required to tell them why as it relates to your disability. It doesn't matter if you can't type with your left hand, so long as you can complete the task of typing. You, of course, are responsible for meeting any standards of performance...but it shouldn't make a difference to them how you accomplish the task so long as it is safe. The bottom line is, can you do the job? If you can, then that should be the end of it. Should being the key word.

From my experience, it is always best to give the employer the chance to fix a workplace situation. They asked you to see the doctor and you are doing that. If the doctor says you can work, then that's that. Bring the note releasing you to work in to your boss and take it from there. If they try to send you home, say that you are both willing and able to work and tell them that you do not think they should discriminate against you for your disability. If they continue to say that they are sending you home, ask for them to put it in writing that they are sending you home. Very important...do not lost your temper, act professionally, and be very respectful. Don't make threats or create a hostile environment yourself.

When you leave...see a lawyer. I would start looking for one ASAP and have a few numbers ready of lawyers you wish to consult with. They will be able to advise you from there.

I sincerely hope it doesn't come to that though. I know that a lot of us think lawyering up is the best thing to do immediately...but in a small company like that maybe they really are just concerned for you. But you need to make it clear that you just want to do your job and that you are capable of doing it. You don't want to create a tense environment at work by getting a lawyer right off the bat. Give them a chance, one chance, to do the right thing and you may be surprised. But if they decide to send you home and violate your rights then you do need to take immediate action.

Just my 2 cents. I say this because I was in a very similar situation, twice, and the first time it bit me in the behind because they called me in and told me that if I couldn't do my essential job functions (which I really couldn't with the restrictions I had) then I needed to be taken off work. They said that even if I had work restrictions that if I was released to work then it was to do my primary job (not a temporary one to comply with restrictions)...and if I couldn't do it then I needed to be off work. I went to the doctor, got the note, and surprise surprise...they didn't pay me while I was off even though it was a work injury. Their reasoning...because I asked the doctor to take me off work and he didn't just come up with it on his own. Do I think this is right? No...but there it is. But in that situation...I couldn't do my job and the doctor agreed that I couldn't do MY job. If you CAN do your job then you really don't want to mess around with being taken off work.

Live and learn. And just because that's what happened to me...doesn't mean it will happen in every similar situation. But you just need to be careful. The way I see it...ask youself if you are being honest and if you are acting with integrity. If the answer is yes, then that's the main thing. If you lie to the doctor and say you can't work just because your employer doesn't want you to work...is that honest? No...and why should you put yourself in that situation?

Good luck...I know it is such a difficult spot to be in. At the end of the day, do what you think is best for you. All we can do is give advice about the things that we know and have seen ourselves. Educate yourself, and have a plan in place for whatever outcome you are presented with. You can control your own actions, but you cannot control what other people do...all you can do is react to them and be prepared. I know it is hard to not be emotional with this stuff (because no matter what they say, it's personal to you, and it is very hurtful when you have put so much time and energy into doing your job and then they act like this)...but you really need to try to be as calm and cool as possible when you deal with your employer.

I'm so sorry you are dealing with all this...I was so nieve when all this first started for me. I've had to learn a lot and fast..and there is still so much to learn. I hope that it will just be easy for you and all this worrying is over nothing. It's good to be prepared for "worst case scenario" but I hope you don't have to use any of that preparation. Best of luck.
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