Forced Leave

Can forcing an employee to take paid disability leave be considered retaliation?

  • Not if employee signs the employee authorization to do so.

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Gidget62

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I have an open charge of discrimination at the company where I have worked for 12 years. It is in investigative stage. No issues of poor performance, adsenteeism, behavior. I'm on staff. Several weeks ago, I was accused of doing something that I absolutely did not do. I was told to turn over my badge and take a Fitness for Duty psych evaluation by some company doctors. My staff and colleagues were called in and told i was gone and that they were not to talk to me, period. (These are some of my best witnesses by the way).

The company filed a request for Short Term disability (on my behalf according to the letter I received). If I don't sign it by 4-20-09, I won't be getting salary continuation benefits. By signing it, I am stating I am unable to do my job which is a lie. My attorney says that it has to be my decision.

I guess I am wondering if anyone out there has ever heard of a company doing this type of thing, and if so, what do they have to gain by this - or better yet, what do I have to lose by signing or not signing this.

P.S. The form lists no diagnoses for the leave - it is filled in later by the company. Also, they wanted me to sign an FMLA request as well.

I don't get it.
 
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