QUESTION
Is it legal for my boss to require a doctor note for my injury and why?
Asked on Jun 11th, 2015 on Labor and Employment - Washington
More details to this question:
I am a 10 year gout sufferer, I sometimes have gout flare ups that literally cripple me and prevent me from walking. I had such a flare up today, Sunday 01/30/14, and had to call in sick to work. I have only had 1 other occasion in my life where I have had such a bad flare up that it required me to miss work, and I have only had to call in sick at my current job 4 times in 3 years. However my general manager told me that because he could find some to replace me today that I needed to bring in a doctor's excuse my shift tomorrow, Monday, at 10:30 a.m. or face punishment.I do not have medical insurance. It is Sunday and doctor's offices are closed and I simply cannot afford to go to the emergency room without insurance just to get a doctor’s note. I owe several hospitals and urgent care facilities money and they require payment in full before they will treat me. My general manager knows this.It is not a policy for employees to be required to have doctor's notes when calling in sick. No other employee have ever been asked to bring in doctor's notes in the past. I believe he is simply requiring me to bring in a doctor's note that he knows is unobtainable so he can have an excuse to fire me. Is it legal to suddenly out of the blue require a doctor's note for one employee and not another? Is this type of entrapment legal? What are my options?
7 ANSWERS
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If you can't see a doctor, then just go to work and see what happens. If you are fired, file for unemployment and contact the Human Rights Commission and claim age discrimination.
Answered on Jun 11th, 2015 at 2:45 PM
James Eugene Hasser
Alabama is a hire and fire at will state, meaning the employer can hire you or fire you for any or no reason as long as it doesn't violate your employment contract or Civil Rights laws. If you have no written contract, the employee manual operates as one. It may be you are considered to be disabled under the Civil Rights Act, so you may want to explore that if you get fired. Good luck.
Answered on Jun 11th, 2015 at 1:00 PM
Yes, employer may require that. You could be discharged for not complying.
Answered on Jun 11th, 2015 at 12:46 PM
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I don't know the answer but if this is a sudden deviation from policy, then it is wrong. Many employers do, however, insist on doctor's notes. Consult a lawyer who concentrates in Employment law. There are quite a few, and no doubt some will give you a brief free consultation. You can find one online (perhaps at Avvo.com) or in your yellow pages, or from a call to the Lawyer Referral and Information Service at the State Bar. Good Luck.
Answered on Jun 11th, 2015 at 12:37 PM
Ronald A. Steinberg
You are probably an "at will" employee, which means that you can get fired for any reason, or no reason. Get the letter from the doctor.
Answered on Jun 11th, 2015 at 12:31 PM
Contact an attorney who would need complete information in order to assist you with this matter.
Answered on Jun 11th, 2015 at 11:23 AM
Thomas Edward Gates
You need to see if there is a company policy concerning verification of injury or inability to perform your job. This will be the basis for you being fired or if you have a valid claim against the company if you are.
Answered on Jun 11th, 2015 at 11:05 AM