QUESTION
Is it discrimination if my previous employer asked for a work release from my psychiatrist?
Asked on Mar 26th, 2013 on Labor and Employment - Pennsylvania
More details to this question:
Is it discrimination for my ex employer to ask for a work release from my psychiatrist? There is no documentation of my illness being a factor in my termination other than a long term hospitalization. My employer tried to file for Family and Medical Leave Act on my behalf but I was unable to retrieve the correct papers for them. I have been terminated with a status of re-hirable. They are asking for a work release that I can easily supply. I just wondered if this was discrimination against the mentally ill.
5 ANSWERS
Employment & Labor Attorney serving Weston, FL
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Behren Law Firm
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Not sure whey if you were fired they would need a release from work. Would have to discuss this matter in more detail with you to give you an answer.
Answered on Mar 27th, 2013 at 10:24 AM
Steven Lee Miller
If the motivation by the employer was to assist you, and get you protection under the fmla, they would need to verify that you were subject to the act, and a letter from your treating dr. would help satisfy that. If you refuse to assist the employer, and later claim discrimination, I don't see that.
Answered on Mar 26th, 2013 at 3:29 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, I think it is based on your hospitalization. You couldn't work because you were hospitalized. Your employer just wants to know that whatever you were hospitalized has been taken care of.
Answered on Mar 26th, 2013 at 11:40 AM
I do not know. Not all discrimination is illegal. I suggest you go see an attorney that handles discrimination cases. Most do not charge just to talk. In certain circumstances, employers may require doctors notes to return to work. The notes are legal, since they only address if fit to work or not, and do not contain confidential information, such as a diagnosis, etc
Answered on Mar 26th, 2013 at 11:39 AM
Criminal Defense Attorney serving Philadelphia, PA
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O'Hanlon Law Firm, P.C.
Possibly discrimination and violation of privacy rights also.
Answered on Mar 26th, 2013 at 11:38 AM