Can an employer threaten my job if I do not provide a doctor’s full release to work?

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Can an employer threaten my job if I do not provide a doctor’s full release to work?

I had heart surgery in August and had returned to work with a doctor’s note stating that I may return on light duty with restrictions on any form of exertion (lifting/walking). My employer stated that if I did not go to the doctor and get a full release that they would fire me. Not only am I on restrictions another employee had surgery and was put on light duty and they have accommodated her accordingly and have not asked her for a release. They have also not accommodated me and are having me lifting still. I told them I wouldn’t; they had threatened me again. What and where can I resolve this?

Asked on September 9, 2010 under Employment Labor Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may be protected under various laws in your state and Federally.  You need to consider your situation under the Americans With Disability Act, the EEOC (Equal Employment Opportunity Commission) and your State Department of Labor for a violation of these Federal Laws and I am sure state laws as well.  IF you have a documented disability and your employer is refusing to accommodate you then you certainly have a right to file a complaint and to make sure that the employer does not place your health in to jeopardy.   Seems as though you may be being discriminated against as well and possibly harassed.  I would speak with an employment attorney as soon as you can.  Good luck. 


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