Quote:
Originally Posted by Al Ke
I'm still better at my job than some perfectly healthy people are there. My employer has absolutely no reason to be concerned with how well I'm doing my job and they know it. (Actually they reiterated that in that very meeting...saying they know I'm one of the few people that doesn't need to be watched over or told what needs to be done. They've told me many times how well I do my job and I have e-mails to prove it.) They can only site their supposed concern for my health as a reason to tell me to go to the dr. and be written out of work.
I can't say if I'm making anything worse or not by working. I can only say that lying in bed at home is not going to help me any and it's not going to pay the bills. They think if I just rest I'll get better. You and I both know that's not the case.
At this point, I'm just going to tell my dr. exactly why I'm there (because my employer is concerned and sent me home and not because I felt I needed to) and answer any questions truthfully. I'll leave it up to him if he thinks I should be out of work or not. Being that he already allowed me to go back to work a little over a week ago, I don't think he's suddenly going to change his mind. If he does write me out of work, I will of course file for TD, as I did last time. I can't afford not to. Since the original injury is still a mystery, I really doubt I could say it happened at or because of my work. I won't file a WC claim unless my dr. tells me to because he's the 1st one they're going to ask.
I do plan on looking through the forums for SSDI eventually. I just didn't think I needed to do that just yet. If my dr. writes me out or lets me back to work with a bunch of restrictions, I'll definitely check it out sooner than later.
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Dear Al Ke -
I would
beg you speak to an attorney before you give notice because of your health. You may have a number of rights and remedies that could be seriously impacted if you resign based on your physician's instructions, without first exploring other alternatives with your employer, especially where it appears to value you highly, e.g. at least forcing them to put on a show have having made an effort to "reasonably accommodate" you in another position. But if you don't ask for it before leaving, I fear that could substantively impact your rights under the ADA.
Secondly, I too am concerned that your employer seems to be gracefully asking you to walk out the door, especially in light of the possibility of a repetitive motion injury from typing being ultimately behind this. Can you get a consultation/second opinion from a hand surgeon? (Not that I would ever consider recommending surgery at this stage of your life.)
And if need be, could the doctor recommend another week off work to let you rest, which
you could then use to get
your legal ducks in order?
Mike