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Job issue that caused asthma attack

Discussion in 'Medical Leave & Disability' started by rjzcap1, Jan 10, 2015.

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  1. rjzcap1

    rjzcap1 Law Topic Starter New Member

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    My wife had an asthma attack after a Co worker verbally attacked her causing her stress. Because of this her other workers called 911. She went to the er. Now her Dr told her to not work for a bit.

    What can we legally do. Can they fire her.

    She is writing a letter now. Asking for a different class.
     
  2. Proserpina

    Proserpina Moderator

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    One asthma attack is just not going to meet the requirements for FMLA.

    What kind of letter is writing? What does she hope to gain?
     
  3. disagreeable

    disagreeable Well-Known Member

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    What she needs to do is carry an inhaler and learn to chill out.
     
  4. rjzcap1

    rjzcap1 Law Topic Starter New Member

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    What requirements how many hospital visits.

    The letter has been adjusted to so I am not sure. Change to a different class or same school in different area.

    Not including what the Co worker did. Is she protected legally in va

    Including what the Co worker did if the manger does something and she has to leave is the a legal issue
    What about the doctor notes.
     
  5. rjzcap1

    rjzcap1 Law Topic Starter New Member

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    She does. She had 2 massive attacks in a row days apart
     
  6. cbg

    cbg Super Moderator

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    The employer has no legal obligation to move her.
     
  7. disagreeable

    disagreeable Well-Known Member

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    She has asthma. It is winter. She does not carry asthma medication or take it. Do you see a problem here with HER actions? If she has anxiety attacks she should be on anxiety medication. Until she fixes her own problems, she cannot request squat from the employer and expect to get it.
     
  8. Betty3

    Betty3 Super Moderator

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    It would be up to the employer whether to move her - the employer doesn't have to.
     
  9. army judge

    army judge Super Moderator

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    She can always REMOVE herself by resigning and finding more sutiable employment.
    Otherwise, obey the rules the employer imposes.
     
  10. ElleMD

    ElleMD Well-Known Member

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    If she qualifies for FMLA (serious health condition; 12 months of service; 50 employees within 75 miles; worked 1250 hours in the past year) she may apply for up to 12 weeks of unpaid job protected leave to seek treatment for that serious health condition. One asthma attack wouldn't do it beyond *maybe* the day of the attack, but if there is a severe anxiety disorder, that might.

    I'm not seeing any basis to force the employer to move her.
     

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