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Can they fire me?

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wwpowell

Guest
I was hurt in a car accident on 12/28/99. It was a back injury (neck and jaw too, but they are healed) A week later my job requested a letter of clarification of my Doctors Rx for "light duty PM private duty car" (I'm a nurse), so I wrote a letter stating that the job I do (watching an old guy sleep) is not going to hurt my back or aggravate it. I've worked doing this since then. Last week there was a sign posted that nights are now to do AM care which involves alot of bending over, and I tried it once, went home crying in pain. Now I get the impression that this may come down as being a directive that this care is to be done by the night shift which means I can't do it. If I refuse with the reasoning that I'm still on light duty, can they fire me? And if they do should I add that to the lawsuit going on with the car accident? Isn't this discrimination? Especially since they've already let me stay there for almost four months?
 


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Law_Dude

Guest
If I understand your story correctly, the employer was seeking clarification of your treating doctor's RX. I don't get the impression they were asking you to clarify what the doctor ordered. Still you provided the clarification. Assuming I am correct, then that was your first error. It may or may not hurt your employment "case". However I would have recommended that your doctor provide that clarification, not you. Since the car accident was not job related, you are not covered by Workers' Compensation. So, the directions from your employer as to the expected tasks of PM nurses to do would be covered under general employment law. The question would be whether under state and or federal law your current physical limitations are considered to be a protected disability. It would be at this point that your "clarification" letter will be evaluated. The bottom line is that you will need to speak with an employment law attorney near you about your situation. You can find some at attorneypages.com. That attorney will advise you as to whether any discipline or termination by your employer would be lawful or not. Last, such acts of your employer can't be included in the lawsuit involving the car accident.
 
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Law_Dude

Guest
If I understand your story correctly, the employer was seeking clarification of your treating doctor's RX. I don't get the impression they were asking you to clarify what the doctor ordered. Still you provided the clarification. Assuming I am correct, then that was your first error. It may or may not hurt your employment "case". However I would have recommended that your doctor provide that clarification, not you. Since the car accident was not job related, you are not covered by Workers' Compensation. So, the directions from your employer as to the expected tasks of PM nurses to do would be covered under general employment law. The question would be whether under state and or federal law your current physical limitations are considered to be a protected disability. It would be at this point that your "clarification" letter will be evaluated. The bottom line is that you will need to speak with an employment law attorney near you about your situation. You can find some at attorneypages.com. That attorney will advise you as to whether any discipline or termination by your employer would be lawful or not. Last, such acts of your employer can't be included in the lawsuit involving the car accident.
 

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