On disability and dr note says return to work if transferred to a different facility
Employment / Labor Attorney
No. Employee's doctors do not get to tell employers what to do. A doctor can make a recommendation perceived to be necessary to reasonably accommodate an employee with a disability. But the employer can explore any number of ways to accommodate the employee's disability to enable the employee to perform the essential functions of the job. There should be an interactive process involved.
They say you get what you pay for, and this response is free, so take it for what it is worth. This is my opinion based on very limited information. My opinion should not be taken as legal advice. For true advice, we would require a confidential consultation where I would ask you questions and get your complete story. This is a public forum, so remember, nothing here is confidential. Nor am I your attorney. I do not know who you are and you have not hired me to provide any legal service. To do so would require us to meet and sign written retainer agreement. My responses are intended for general information only.
1 found this helpful
9 lawyers agree
Employment / Labor Attorney
Mr. Kirschbaum is correct. A physician cannot compel an employer to take any specific action. However if the employee has some kind of disability then the interactive process to determine reasonable accommodations to provide the employee with the ability to perform the job should be used.
If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer or select it as Best Answer. It’s easy and appreciated. This response is intended to be a general statement of law, should not be relied upon as legal advice, does not create an attorney/client relationship and does not create a right to continuing email exchanges.
4 lawyers agree
Administrative Law Lawyer
If you think about it, you will yourself find the fallacy implicit in what you are asking about.
Most multi-site employers have a site or two that is "the best" or the favored one among employees. And most multi-site employers have one or more sites that serve as career exile or are viewed as a lesser opportunity, for one reason or another. Don't you imagine that every ambitious employee would get a doc's note requiring that they be assigned to the good site, and not to the bad site, for reasons of stress and emotional well-being -- if that is how it all worked? Getting the requisite doc's note would overnight become the basic employee test of intelligence and ambition. This is just one reason why employers are not hostage to the specifications of employees' personal physicians.
Seriously, you need to be cautious here: presenting yourself as an employee with special needs based on emotional upset and stress (especially if the claims are based on events in the course of your employment) can be a one-way ticket to being disliked and unwanted/unvalued by the employer. Once that happens, you may have legal claims, depending on how skilled are the employer and the employer's legal counsel. But a lawsuit is often not as good as even an unsatisfying job. You need to talk with two specific kinds of attorney: workers comp and employment law.
NOTHING SAID HERE IS LEGAL ADVICE! Read this notice BEFORE you contact me! My posts on Avvo in response to the public's questions are never offered as legal advice. Do not rely on any response posted by me as applicable to your specific problem or circumstances. Exchange of information through Avvo's Questions - Answers forum does not establish an attorney-client relationship with me or my law firm. My law firm does not provide free consultations. See http://www.avvo.com/legal-guides/ugc/free-consultation-the-purposes-and-utility-of-free-for-potential-clients-and-for-attorneys for further details on that issue. Please do not call or email me with a “few questions.” I give advice, make recommendations, and answer specific questions only after reviewing the documentary record and other evidence applicable to a specific client, and only in the course of or following a conference with my client in which all of the relevant information can be identified and developed. AND I give legal advice ONLY in the course of an attorney-client relationship created and defined by a written contract for services, signed by my client and by me or a member of my firm, for which payment has been made. My law firm presently accepts cases involving State and federal licenses and permits; professional (State or federal licensing agency) discipline against State and federal licenses; and disciplinary and academic disputes involving universities, colleges, boarding schools, and private schools. We accept grievances, administrative claims, arbitrations, mediations, negotiations, and other non-litigation matters pertaining to employment, hospital and facility privileges, tenure, and contractual disputes. We conduct seminars and training in employment law for employers and union advocates, and in issues of professional/occupational licensing law for criminal defense attorneys. We accept NO contingency work, and we take no matters for which CCP discovery is applicable.
3 lawyers agree
Personal Injury Lawyer
Disabled employees are entitled to "reasonable accommodations," but not the accommodations of their choosing. You and your employer need to engage in an interactive process to determine how your medical needs can be address in a manner that allows you to perform the essential functions of your job without imposing undue hardship on your employer.
This answer is a general interpretation of the law and is not fact specific to your case. Likewise it does not create an attorney-client relationship. You should seek an attorney for a review of your specific facts and documents.
6 lawyers agree
Hello Redondo Beach! Sorry to hear about your predicament. Generally, where an employee is a qualified individual suffering from a disability covered by FEHA, the employer must reasonably accommodate the employee. An employee is a qualified individual if she can perform the essential functions of the job with or without accommodation. Under FEHA, ‘reasonable accommodation’ means a modification or adjustment to the workplace that enables the employee to perform the essential functions of the job held or desired.
A reasonable accommodation may include either of the following: (1) Making existing facilities used by employees readily accessible to, and usable by, individuals with disabilities. (2) Job restructuring, part-time or modified work schedules, reassignment to a vacant position, acquisition or modification of equipment or devices, adjustment or modifications of examinations, training materials or policies, the provision of qualified readers or interpreters, and other similar accommodations for individuals with disabilities.
The employer providing the accommodation has the ultimate discretion to choose between effective accommodations, and may choose the less expensive accommodation or the accommodation that is easier for it to provide” not necessarily the accommodation sought by the employee. An employer is not obligated to provide an employee the accommodation he requests or prefers, the employer need only provide some reasonable accommodation.
So, unfortunately, in short, the answer is no. The employer need accommodate you if you have a disability which causes you to require accommodations to fulfill the essential functions of your job. Which accommodations the employer provides depends on what is least burdensome to the employer. I hope the full explanation above will assist you in coming up with additional creative solutions with your employer.
Transmission of this AVVO POST is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. Newsletters, articles and posts are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. You should not act or rely on any information contained in this AVVO POST without first seeking the advice of an attorney. If you contact us through this website or otherwise in connection with a matter for which we do not already represent you, your communication may not be treated as privileged or confidential. The transmission of an email request for information does not create an attorney-client relationship and you should not send us via email any information or facts relating to your legal problem or question. If you are a client, remember that email may not be secure. There is a risk that your communication may be intercepted illegally. There may also be a risk of waiver of attorney-client privilege and/or work product privileges that may attach to your communication. In some jurisdictions, portions of this website may be considered advertising. The hiring of an attorney is an important decision, and should not be based solely upon written information about our qualifications and experience. We do not desire to represent clients based upon their review of any portions of this AVVO POST that do not comply with legal or ethical requirements. AVVO POSTS, newsletters and articles are offered only for general informational and educational purposes. They are not offered as and do not constitute legal advice or legal opinions. This AVVO POST may contain hyperlinks to other resources on the Internet. These links are provided as citations and aids to help you identify and locate other Internet resources that may be of interest, and are not intended to state or imply that we sponsor, are affiliated or associated with, or legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links. Please include the following information when citing this AVVO POST: "Grutman, N., (http://www.avvo.com/legal-answers/does-an-employer-have-to-comply-with--a-doctors-no-1726192.html?target=_blank&utm_campaign=question_notify_digest_pro&utm_content=question&utm_medium=email&utm_source=notification)"
1 lawyer agrees