If I am returning to work from a long term disability and capable of doing regular duty, does my job have the right to send me back home because of my cam boot?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I am returning to work from a long term disability and capable of doing regular duty, does my job have the right to send me back home because of my cam boot?

I hd surgery; I wear a boot. Since I have been cleared to come back to work; now they will not allow me to come back until the boot is off even though the doctor cleared me for regular duty.

Asked on August 7, 2012 under Employment Labor Law, North Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The doctor has no direct authority over the company--he is not an executive or manager at it. Therefore, the company is not obligated to follow his instructions. If the company reasonably believes that you cannot do your job properly, and/or that there is some safety or liability risk (for example: you may re-hurt your foot or delay your recovery due to something that happens at work, and therefore have some claim against the employer) they have the right to not employ you until it appears that you can do the job or won't pose a liability risk. If their belief that the boot poses a significant problem is not a reasonable one, they may be (depending on the exact circumstances) committing illegal disability-based discrimination; but if the boot could reasonably poses a significant risk or problem, then what they are doing is most likely legal.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption