Can someone give me advise on what to do?

[lizdawiz82]

Hi i was returned to work on 8/22/11 and called my boss on monday to let her know i was released and that ill fax her my doctors note , and i'll call her later that day she said to call her back friday because its already the middle of the week and she wee give me my schedule .well i take the note in on tuesday and hand it to a supervisor just to be safe. i call her saturday and ask for my schedule she said "listen because of availability issues we sent you to another store closer to home and she gave me the schedule and i call that store to confirm and i show up the first day and im told that they messed up on the schedule and i need to go to a differnt store to work ,I told them no because that im staying here to finish my schedule so the end of the week comes and i call to get my schedule and they tell me ive been sent to another store and give me my schedule for the new store . My first day there i tell the supervisor about my modified duty and she said she has no knowledge of it and i give her a verbal detail of it thinking my original store told them about my restictions so i work 3 days there and on the 3rd day i give her the note and she shows it to store manager and they call me to the office and tell me they cant accept my doctors note because i still look like im in pain and that i need to get a note from the company doctor so they cant be held liable if i reinjure myself and for me to clock out .I dont know what to do.

[LeglEgl]

(09-10-2011 06:49 PM)lizdawiz82 Wrote:  ....they cant accept my doctors note because i still look like im in pain and that i need to get a note from the company doctor so they cant be held liable if i reinjure myself

You still LOOK like you're in pain ? ....so they can't be held liable if you re-injure yourself ?

Do you not see anything wrong with this picture ?

The ADA prohibits an employer from ASSUMING that you have a disability, and, when aware of a disability, MUST accommodate you for that disability (especially where a WC claim is in place).

And, what do they expect the COMPANY DOCTOR to say - that you're NOT in pain ? This is a bunch of hogwash.

Employers take you in the condition you are in. Re-injury may be a reality, but they cannot exclude you from working, if the Dr. has released you with restrictions, and the employer is able to MEET those restrictions.

If I were you, I'd be calling the Human Resources Department with your corporate office and discuss this with the Risk Management division. Don't leave this up to store management - they're no more qualified to make these conclusions than you are.

[1171]

if you are covered by FMLA you may have some additional job protections
http://www.dol.gov/whd/regs/compliance/p...fmlaen.pdf

while an employer has a right to a fitness for duty evaluation, it may not be kosher to use one doctor for disability and another for return to work.

update:
but since your doctor is not part of the employers authorized MPN their opinion is not valid.

[lizdawiz82]

(09-10-2011 07:19 PM)LeglEgl Wrote:  

(09-10-2011 06:49 PM)lizdawiz82 Wrote:  ....they cant accept my doctors note because i still look like im in pain and that i need to get a note from the company doctor so they cant be held liable if i reinjure myself

You still LOOK like you're in pain ? ....so they can't be held liable if you re-injure yourself ?

Do you not see anything wrong with this picture ?

The ADA prohibits an employer from ASSUMING that you have a disability, and, when aware of a disability, MUST accommodate you for that disability (especially where a WC claim is in place).

And, what do they expect the COMPANY DOCTOR to say - that you're NOT in pain ? This is a bunch of hogwash.

Employers take you in the condition you are in. Re-injury may be a reality, but they cannot exclude you from working, if the Dr. has released you with restrictions, and the employer is able to MEET those restrictions.

If I were you, I'd be calling the Human Resources Department with your corporate office and discuss this with the Risk Management division. Don't leave this up to store management - they're no more qualified to make these conclusions than you are.

Thanks im soo stressed out right now your comment means alot

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(09-10-2011 07:28 PM)lizdawiz82 Wrote:  

(09-10-2011 07:19 PM)LeglEgl Wrote:  

(09-10-2011 06:49 PM)lizdawiz82 Wrote:  ....they cant accept my doctors note because i still look like im in pain and that i need to get a note from the company doctor so they cant be held liable if i reinjure myself

You still LOOK like you're in pain ? ....so they can't be held liable if you re-injure yourself ?

Do you not see anything wrong with this picture ?

The ADA prohibits an employer from ASSUMING that you have a disability, and, when aware of a disability, MUST accommodate you for that disability (especially where a WC claim is in place).

And, what do they expect the COMPANY DOCTOR to say - that you're NOT in pain ? This is a bunch of hogwash.

Employers take you in the condition you are in. Re-injury may be a reality, but they cannot exclude you from working, if the Dr. has released you with restrictions, and the employer is able to MEET those restrictions.

If I were you, I'd be calling the Human Resources Department with your corporate office and discuss this with the Risk Management division. Don't leave this up to store management - they're no more qualified to make these conclusions than you are.

Thanks im soo stressed out right now your comment means alot

Also they said i was released from the IC doctor but when i returned to full duty my condition got worse and so i contacted a lawyer and was sent to thier doctor and put on disability for 4 months and just returned to work 2 weeks agowith modified duty and they never cared about that doctors note and are still saying i was released by Ic doctor and that i need to go back to their doctor and get a note until then they cant accomodate my injury ,So im just gonna call my lawyer on monday and see what they tell me.

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(09-10-2011 07:27 PM)1171 Wrote:  if you are covered by FMLA you may have some additional job protections
http://www.dol.gov/whd/regs/compliance/p...fmlaen.pdf

while an employer has a right to a fitness for duty evaluation, it may not be kosher to use one doctor for disability and another for return to work.

I also have protection from my union but thats not the problem they wont accomodate my lawyers doctor note who's my primary doctor and want me to go back to thier doctor and i dont want to because ,he released me for 2 weeks without telling me i had a fracture in my spine and my condition got worse . so i dont trust them .