Ask Me Help Desk - My boss won't let me come back to work without doctor release?

My boss won't let me come back to work without doctor release?

I was off work for three days in California and returned. I was asked for a doctor release a week later and that I could not return till I had one. I don't have a doctors note I was just sick

Are you a contractual employee or emploee at will?

Hello w:

I'd prepare a written record of what occurred. I'd send it to the person requesting it, by CERTIFIED mail, return receipt requested. End the letter by saying that you feel the reason they wanted a report from your doctor, knowing you didn't have one, because they want a reason to FIRE you, and you're not going to GIVE them one. Tell them that the letter will SUFFICE for a doctors report and you will be at work on MONDAY.

excon

EX and I posted at the same time. I might not recommend writing that letter if you are an at will employee. Read #3 What Are My Rights As An Employee?

Quote:

Originally Posted by ballengerb1

I might not recommend writing that letter if you are an at will employee.

Hello b:

If she's an at will employee, that's especially WHY she should write the letter.. It's true, an at will employee can be fired for ANY reason at all.. They'll PROBABLY get away with it this time too, and WITHOUT a letter, they would. But, they can't trick her in order to fire her.. I suggest that she could argue in court, in her false discharge lawsuit, that they COULD have fired her WITHOUT her participation at all... THAT is what at will means.. But, they CAN'T set her up in her own firing, by making her supply a report that she wouldn't reasonably be expected to have, and then firing her because she doesn't.

excon

Wendy, come back and tell us more as this unfolds. Keep in mind this day in court Excon refers to is if you get fired and if you sue them in court.

Quote:

Originally Posted by ballengerb1

Wendy, come back and tell us more as this unfolds. Keep in mind this day in court Excon refers to is if you get fired and if you sue them in court.

Hello again, b:

The objective is to NOT get fired. Playing hardball may be the only way to save her job. They're certainly playing.

excon

We don't have all the facts. I have worked at several jobs where policy requires a doctors note after 3 straight days. Op has not told us if there is such a policy here. We are also only guessing/thinking firing is coming. Why should she posture and try to play hardball when they may be following protocol. I think the op should start explaining her position from a cooperative stance.

[QUOTE=excon;3050023]...
If she's an at will employee,. she could argue in court, in her false discharge lawsuit, that... QUOTE]

Explain this to me excon?

If they can fire at will, how do you figure she can file a false discharge lawsuit? "At will" means just that - they can fire her on a whim.

[QUOTE=AK lawyer;3050263]

Quote:

Originally Posted by excon

...
If she's an at will employee, ... she could argue in court, in her false discharge lawsuit, that ...QUOTE]

Explain this to me excon?

If they can fire at will, how do you figure she can file a false discharge lawsuit? "At will" means just that - they can fire her on a whim.

I think what he means (just thinking out loud, not speaking for excon) is if they create a false excuse for firing her... which in some areas could be litigated if it can't be proven as true... where-as if they had simply said... "we don't need you any longer"... there wouldn't be a suit at all.

I've personally known several "At-Will" people that were fired under such circumstances here in Washington, DC that have sued and won (large settlements each time) because the employer created false excuses for firing them. I don't have a clue if that holds any water in other areas, such as "right to work" states. Though they are mum on numbers.. as part of the settlement, they weren't on what they were accused of that lead to it.. . none of them were in the OP's specific situation however.

I believe knowing what state they are in.. and some other info can influence the situation... such as was asked but not yet answered. And also that the odds are HEAVILY stacked against her if she is at-will.

In NY an at will employee can be fired for no reason at all. "We don't want you any more" is sufficient. There's no need to make up a reason such as, "No Doctor's note, no work." The problem for the employer comes from the fake excuse. Any HR conference I've ever attended said to let an at-will employee go, just say their services are no longer needed.

Don't get into reasons and/or excuses.

If this OP is let go for not presenting a note from a Physician and someone else as no note and is not let go, there's a possible discrimination lawsuit.

But if that is company policy, that's company policy.

I've worked for companies that required a Doctor's note for a Friday or Monday absence OR an absence the day before or after a holiday. It was policy and they stuck to it.

Quote:

Originally Posted by smoothy

...
"At-Will" ..."right to work" states. ...

As far as I am able to determine, an employer can fire an employee who doesn't have a contract "at will" in any state (absent discrimination on the basis of some suspect classification).

A "right to work" state is not the opposite of an "at will" state. In "right to work" states, an employee cannot be forced to join a labor union as a condition of employment. In other words, it's something else entirely than what you assume it means.

Quote:

Originally Posted by AK lawyer

As far as I am able to determine, an employer can fire an employee who doesn't have a contract "at will" in any state (absent discrimination on the basis of some suspect classification).

A "right to work" state is not the opposite of an "at will" state. In "right to work" states, an employee cannot be forced to join a labor union as a condition of employment. In other words, it's something else entirely than what you assume it means.

Agreed... I was meaning to present this... a false excuse for a firing can make that into a wrongful dismissal case (in an attempt to deny unemployment benifits) Which can be litigated... when all they had to say in a nutshell is "we don't need you anymore" which nothing can be done. Because that would be technically a layoff and would qualify for rightfully earned unemployment benefits. Which was the situations I had specifically intended to refer to. Some employers are so determined to NOT pay their share of the benefits... they cross the line and sometimes it costs them bigtime. But I think that has drifted a bit far off from the OP's specific situation. Unless they can show they aren't consistent with enforcing their policy of requiring doctors notes to return to work.

Honestly most of the places I've worked at required a Dr's note after three consecutive days absence the last 30 years. Where I'm at now... if its before or after a paid Holiday (for a single day)... if you don't have one (writen doctors excuse) you don't get paid for both the holiday and the sick day... thanks to abuse in the past.