my job isn't following a dcotor's note

Discussion in 'Use of the Law Forum & News' started by budsbigmouth, Dec 1, 2012.

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  1. budsbigmouth

    budsbigmouth Law Topic Starter New Member

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    What do I do if my manager at work will not fully follow my doctor's note???
     
  2. cbg

    cbg Super Moderator

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    That depends. Partrcularly since the law, at least in the US, does not mandate that an employer follow a doctor's note exactly. Or at all. Outside of FMLA, and very occasionally the ADA, a doctor's note has no force in law.

    Since you have provide no details, no other information is possible.
     
  3. BayState

    BayState Moderator

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    Not true. OP can stomp his or her foot. :p
     
  4. cbg

    cbg Super Moderator

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    I'm more than happy to help her but she's going to have to give me a lot more information.
     
  5. shrinkmaster

    shrinkmaster Well-Known Member

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    What is it your employer is doing that is in conlfict with Doctor's note
     
  6. cbg

    cbg Super Moderator

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    What is the doctor's note for? Is this with reference to FMLA, the ADA, neither or both? Is the medical condition for which you need a note permanent or temporary? What does the doctor's note say?
     
  7. shrinkmaster

    shrinkmaster Well-Known Member

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    If I had to guess its probably "light duty" which is why we need more detail
     
  8. budsbigmouth

    budsbigmouth Law Topic Starter New Member

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    My doctor's note says that I can work only 5 hours maxium per shift and my manager will do that but the other part of my doctor's note is that if I need to sit down I should be allowed to sit down. That is the part he will not follow.
     
  9. shrinkmaster

    shrinkmaster Well-Known Member

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    Your employer does not have to abide that. If you cannot do your job as its described then you need to go off on disability or face termination. A Doctors note carries no force of law in this circumstance. Now if you have a union contract or the like there might be an exception if so talk to your Union rep
     
  10. cbg

    cbg Super Moderator

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    What do your job duties require? Have you requested the ability to sit down as part of an accomodation under the ADA, using those exact words?

    ETA - Shrinkmaster is jumping the gun. There's a lot more information we need before we can assume that.
     
  11. shrinkmaster

    shrinkmaster Well-Known Member

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    Yes I may be jumping the gun but how much sit down time can an employer deal with on a 5 hour shift?
     
  12. Disabled Vet

    Disabled Vet Active Member

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    As a cripple myself.... If you can't do the job without slowing, stopping production then you should just take off work. There are so many questions on this one. Was this injury done at work? I really don't understand why people feel that just because they are injuried their work MUST provide. I myself... I have what is called "Honor" if i was injuried outside of work I wouldn't put my boss on the spot. If I was hurt at work my switch to phones or stay off until I was fully healed to perform the job.
     
  13. budsbigmouth

    budsbigmouth Law Topic Starter New Member

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    It's not like i sit that whole time and if a doctor says i need to sit why can't I?? After all if you had a legiment inflamed in the bottom of your foot I bet you'd sit down too when it feels like it's on fire.
     
  14. budsbigmouth

    budsbigmouth Law Topic Starter New Member

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    How do I answer phones or anything else I work in fast food and I also have bills that I need to pay so I have to work unless you are saying that you will pay my bills. And it isn't anything that I got hurt from work it's basicaly old age so like I said if you want to pay my bills thanks if not just shut up with preaching to someone who's worked all their life in fast food and I never had an issuse with a manager following doctor's note until this one.
     
  15. cbg

    cbg Super Moderator

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    That depends on the job.
     
  16. cbg

    cbg Super Moderator

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    So, are you going to answer my questions or are you not? I'm TRYING to help you determine your legal options, and for the record I am the only one in this thread who works with employment law on a regular basis. If you'd rather get defensive that's fine with me, I'll go help someone else. But if you want my help, I need to know the answers to the questions I posed.
     
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  17. disagreeable

    disagreeable Well-Known Member

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    I suggest you become creative with an ankle support and medical tape. I worked for over 2 decades with 4 pinched nerves, herniated discs, damaged right ankle tendon, damaged knees and many more medical issues. I used to work 14 hour days with ankle supports and medical tape reinforcing my ankle tendon. When the going gets tough, the tough get going.
     
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