Employer trying to make me come into work... (help!)

[snapple]

Thursday, at work, I hurt my knee. The doctor said that they want me to stay off of it for a week to see if it heals on its own. This injury is being covered by Workers Comp. I had shifts scheduled for tonight and tomorrow. I tried to find replacements and was unable to. I do have a Dr.'s note saying I am unable to work.

My manager has seen the note. He was unable to make a copy, as am I, so I kept the note. All day today I have been getting calls and I just got a text saying "u know u need to work". Well, no, I don't to work. I want to work, but I can't.

I have yet to talk to the owner, kind of just waiting until she calls me and asks what's going on. My knee is worse now than it was Thursday, so I don't really think she would want me to work. However, if she says I need to go in, what are my legal options?


edit: I did try to keep this a TL;DR version. I can answer more questions, if needed.

[Perpetual Change]

I believe there's a lawyer who specializing in employment somewhere around these parts... so just hang tight 

[snapple]

I believe there's a lawyer who specializing in employment somewhere around these parts... so just hang tight 

That's exactly why I posted here! 

[El Barto]

I believe there's a lawyer who specializing in employment somewhere around these parts... so just hang tight 

I'm sure he'll be more than happy to chime in proffering free legal advice over the internet. 


OP: always document everything. Make a note of every text and every phone call. The use your best judgement with regards to your health.

[snapple]

I believe there's a lawyer who specializing in employment somewhere around these parts... so just hang tight 

I'm sure he'll be more than happy to chime in proffering free legal advice over the internet. 


OP: always document everything. Make a note of every text and every phone call. The use your best judgement with regards to your health.

Oh, believe me, I do. I've seen other people get burned by not doing this.

[Dublagent66]

It's your manager's responsibility to make sure you have coverage if you can't be there.  Is there a human relations dept where you work?  If so, you need to discuss it with them first.

[King Postwhore]

What they are trying to do is not pay Workers Comp.  What they will have you do is paperwork or something that is not physical so there is no time loss and no Osha incident.

[Kotowboy]

...

[wolfking]

Since you have the doctors certificate, there is nothing really they can do.  You need to make sure you have a certificate for every day that you have off for your knee, then really, they have no leg to stand on (no pun intended).  Plus, filling the shift is the responsibility of the employer, not you. 

I would probably ring the owner and explain the situation first and let them know what the manager is doing.  You will probably find they will be okay and your manager is just being an asshole.

[JayOctavarium]

I would probably ring the owner and explain the situation first and let them know what the manager is doing.  You will probably find they will be okay and your manager is just being an asshole.

This ^



I have no experience in this but this is what I would do especially with the company I work with.

[KevShmev]

Since you have the doctors certificate, there is nothing really they can do.  You need to make sure you have a certificate for every day that you have off for your knee, then really, they have no leg to stand on (no pun intended).  Plus, filling the shift is the responsibility of the employer, not you. 

I would probably ring the owner and explain the situation first and let them know what the manager is doing.  You will probably find they will be okay and your manager is just being an asshole.

This. You hate to go above your manager's head and do that, as you then will likely have to deal with a manager directly above you who is pissed at you and likely will ride your ass about stupid shit from this point forward, but he has put you in a position where you have no other alternative, sadly.  Good luck.

[Perpetual Change]

I believe there's a lawyer who specializing in employment somewhere around these parts... so just hang tight 

I'm sure he'll be more than happy to chime in proffering free legal advice over the internet. 

lol maybe not but there's like 300 other lawyers here

[Phoenix87x]

That really sucks. I don't understand why managers can't wrap their head the idea of call outs. They never plan ahead or have contingency plans and suddenly the employee is the "bad guy" when they happen. I've heard managers talk major shit on people that called out, and I'm talking people that rarely call out and are doing so for legitimate reasons.

While we are on the subject of employers trying to force you to work, I wanted to vent something that pissed me off big time back in February:

After 9 years of working with the company of my last job, my store manager tried to fire me on my last day.

Long story short is that I was applying for a hospital job for months, which my department manger was fully aware of and even gave me his blessing. Everything was kosher until I finally gave my two weeks notice and then I became the "bad guy", "turning my back on the company", so my department manger whined to the store manager who made it worse. Ultimately they apparently thought it would be funny to put me on the schedule on same day that I was starting my new job, and I made it very clear that I wouldn't be there, that I would be working at the new job.

Then on my last night, the store manager gets in my face and says he's firing me for "planning" to no show the next day. Without saying anything, I went right the shop steward, who called the Union Rep for our district and a lot of shit went down. At the end of the day, I won and was able leave on "good terms", and get paid out my vacation time, but it was probably one of the most infuriating nights of my life.

Just another shitty manager in a long line of shitty manager's I've dealt with over the years, but I've learned to really cover my ass and anticipate worst case scenarios.

[TempusVox]

Okay...here goes...let me preface the following wih this....This is in no way to be construed as legal advice. I am a former attorney, and I am only giving my opinion.

If it were me, I'd either contact my HR department or if I felt my rights were violated --contact an attorney or the EEOC or DOL.

A few additional points.... I'd have my physician fill out the necessary paperwork for Workers Comp if I were injured on the job. If my employer did not pay WC, then I might be able to sue them in open civil court. In this case, my rights might depend on whether the injury was caused on the job. A worker injured on the job has a right to workers' compensation benefits, but not a right to sue for benefits. If an employer does not carry workers' compensation insurance, employees have a right to sue their employer like I said, in civil court for compensation. I would make sure to send a copy to my supervisor or his boss the note from the doctor saying I was unable to work. Depending on where I worked (state) and how long I'd been on the job, and the number of hours worked-- I might qualify for FMLA. There are also laws under the ADA that might protect me. But first, I'd make sure my employer got a copy of my doctors note (I'd have the doctor either email or fax a copy to them), then follow up with my HR dept; or contact an attorney.

I'm assuming you live and work in the U.S.

[KevShmev]

So...what happened?

[snapple]

Haven't heard anything yet. Going to ring the owner later today to see.

[kirksnosehair]

Question:  Did you document your injury with anyone in management at your job BEFORE you left on the day that the injury occurred?

[snapple]

Question:  Did you document your injury with anyone in management at your job BEFORE you left on the day that the injury occurred?

Absolutely. I also talked on the phone with the owner.

[snapple]

Manager said I'm in a "no call no show termination" status right now. Well, I made them aware of the timetable for return, and I told them Thursday I'd be unable to work Monday. So, I'm pretty sure they're violating Worker's comp law right there.

[tjanuranus]

Manager said I'm in a "no call no show termination" status right now. Well, I made them aware of the timetable for return, and I told them Thursday I'd be unable to work Monday. So, I'm pretty sure they're violating Worker's comp law right there.

This is why we need MORE unions imo. I hope you get something out of this. These scumbags always try and get over on the workers, the people that are pulling the load.

[wolfking]

Manager said I'm in a "no call no show termination" status right now. Well, I made them aware of the timetable for return, and I told them Thursday I'd be unable to work Monday. So, I'm pretty sure they're violating Worker's comp law right there.

Is this the guy that has been texting you or the owner?  I've never even heard of 'no call no show termination'  I'm not usually a union guy, but I'd be starting to contact a union and definitely the HR department.

[kirksnosehair]

Manager said I'm in a "no call no show termination" status right now. Well, I made them aware of the timetable for return, and I told them Thursday I'd be unable to work Monday. So, I'm pretty sure they're violating Worker's comp law right there.

Is this the guy that has been texting you or the owner?  I've never even heard of 'no call no show termination'  I'm not usually a union guy, but I'd be starting to contact a union and definitely the HR department.

"No call no show termination" is pretty common.  Many companies, including the one I work for, have a policy that states that you must call in to your supervisor if you are not going to be able to make it in to work on any given day.  Some companies also spell out that you must provide a reason for your unplanned absence.  And most of them stipulate that failing to call in is grounds for termination.


I'm surprised you haven't heard of it before, but I've been in upper management for more than a decade so I suppose I'm a bit out of touch with what the backbone folks (rank and file employees) are and are not aware of.

[Orbert]

I do have a Dr.'s note saying I am unable to work.

My manager has seen the note.

Manager said I'm in a "no call no show termination" status right now.

This is the part I don't understand.  You have the doctor's note saying you can't work.  Your manager has seen it.

Did you actually say to your manager that you will not be working for the next several days?  If you did, you're covered.  Tell the owner that.  If you didn't specifically tell your manager that you wouldn't be in, then it seems like it would be more of a grey area, but anyone with a lick of sense would back you on this.  You showed him the note; it's implied that you won't be in to work.

[snapple]

So, I talked to the owner and this is what's happened:

The manager said nothing of the Dr.'s note to the owner. After arguing (well, more or less working through it) for a bit, the owner decided I was in the right for the situation. I will be returning to work Friday.


However, I'm in the process of finding a new job. This is bullshit and I won't deal with it anymore.

[Orbert]

Your manager is an asshole.  He was trying to cover his own ass by saying you didn't call and didn't show, conveniently leaving out the part about how you have a bona fide medical condition and documentation for it.  Even if the owner eventually showed better sense, your manager is the guy you have to deal with day-to-day and yeah, I'd be looking for something else, too.

[snapple]

Your manager is an asshole.  He was trying to cover his own ass by saying you didn't call and didn't show, conveniently leaving out the part about how you have a bona fide medical condition and documentation for it.  Even if the owner eventually showed better sense, your manager is the guy you have to deal with day-to-day and yeah, I'd be looking for something else, too.

Exactly why I am looking. And everyone else is mad that they had to cover my hours. It wasn't my fault, dickbags.

[Perpetual Change]

Corporate America can be pretty evil. A friend of mine who works at Petsmart recently got a guy fired for making sexually harrassing comments toward her. Well, now all her coworkers hate her, and management is on her ass about little things constantly.

[wolfking]

Manager said I'm in a "no call no show termination" status right now. Well, I made them aware of the timetable for return, and I told them Thursday I'd be unable to work Monday. So, I'm pretty sure they're violating Worker's comp law right there.

Is this the guy that has been texting you or the owner?  I've never even heard of 'no call no show termination'  I'm not usually a union guy, but I'd be starting to contact a union and definitely the HR department.

"No call no show termination" is pretty common.  Many companies, including the one I work for, have a policy that states that you must call in to your supervisor if you are not going to be able to make it in to work on any given day.  Some companies also spell out that you must provide a reason for your unplanned absence.  And most of them stipulate that failing to call in is grounds for termination.


I'm surprised you haven't heard of it before, but I've been in upper management for more than a decade so I suppose I'm a bit out of touch with what the backbone folks (rank and file employees) are and are not aware of.

Thanks for explaining it to me.  Yeah, we basically go by that anyway, especially since most of my staff are casual.  We don't use that terminology over here in Australia though.

So, I talked to the owner and this is what's happened:

The manager said nothing of the Dr.'s note to the owner. After arguing (well, more or less working through it) for a bit, the owner decided I was in the right for the situation. I will be returning to work Friday.


However, I'm in the process of finding a new job. This is bullshit and I won't deal with it anymore.

Yeah, you're work life is going to be tough and stressful as soon as you go back.  Still be careful and note everything even though you are looking to leave.

[TAC]

Corporate America can be pretty evil. A friend of mine who works at Petsmart recently got a guy fired for making sexually harrassing comments toward her. Well, now all her coworkers hate her, and management is on her ass about little things constantly.

I wouldn't call it evil. If she reports that she is being sexually harassed and they don't do anything, she can easily sue them. Assuming they investigated her claim. Companies will NOT take chances.

[Perpetual Change]

Yeah TAC they had to fire the guy. And now they passive aggressively harass her.

[TAC]

Yeah TAC they had to fire the guy. And now they passive aggressively harass her.

Well that's not right either. They're probably thinking that she took advantage of the situation when perhaps, it wasn't really warranted.

We just had a situation at work where a guy almost lost his job because he did do something stupid. What he did was fireable, but the so called victim really overplayed his hand. He baited and then buried him.

[Perpetual Change]

Yeah TAC they had to fire the guy. And now they passive aggressively harass her.

Well that's not right either. They're probably thinking that she took advantage of the situation when perhaps, it wasn't really warranted.

We just had a situation at work where a guy almost lost his job because he did do something stupid. What he did was fireable, but the so called victim really overplayed his hand. He baited and then buried him.

Well, this wasn't just an isolated incident. It was a number of incidents, ever after she expressed discomfort to the person harassing her.

I'm not sure to what extent my friend "played her hand", or even what she had to gain for getting the guy sacked, other than the ability to continue attending her minimum wage job without having to deal with being the target for off-color comments.