QUESTION

What can I do if my Doctor doesn't want me to work at night or run any machinery because of the medication i'm taking at night ?

Asked on Dec 26th, 2014 on Labor and Employment - New Jersey
More details to this question:
I am 53 years old and I work in a wastewater treatment facility that employs 7 operators. During heavy rain conditions I am often required to work alone 3:00pm to 11:00pm or 11:00pm to 6:30am which also includes my normal hours which are 6:30am to 3:00pm, (16 hours). I take several prescribed medications at night before bed time which makes me very tired. I have 22 months to go before I can collect my pension. My Doctor wants to give me a note because of my condition. What should I do?
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1 ANSWER

Criminal Defense Attorney serving Toms River, NJ at Edward J. Dimon
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You need to be extremely careful. If the doctor writes a note that says you can't perform a particular job function, then the employer has the right to terminate you from that position. The classic case given you in law school is as follows: if you are a fireman you are required to carry 165 pound person down a 20 foot ladder. If you cannot perform that function, the employer does not have to keep you employed as a fireman. They do not have to make reasonable accommodation such as having you be a dispatcher.  We have seen multiple instances where the doctor wants to be helpful. However if the doctor writes a note that says you cannot perform a required job function, the employer does not need to keep you employed. We would work with you and with your doctor to make sure that no notes are giving to your employer which would cause you to lose your job and therefore lose your pension in 20 months. please contact me if we can be helpful. Ed Dimon 732-797-1600 extension 235 or email edimon@cldds.com Thank you
Answered on Dec 26th, 2014 at 2:21 PM

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