STD Employer Legalities

STD & Employer harrassment - need advice!

What is the name of your state? NC
I was a highly compensated executive with a privately held company in North Carolina. 6 months ago I was in an auto accident where I injured my back and shoulder. As a direct report to the President, CEO, and Chairman, I work very long hours, and can not take time off. As a result, my physical therapy sessions were sporadic and my condition was worsening. I spent 8-10 hours a day seated at my desk working on my computer which was causing a great deal of pain from being in one position all day. My doctor ordered me to take a 6-week leave of absence to step up my physical therapy to 3 times a week and for added rest of my back in an effort to recover. I gave my employer my doctor's orders and 3 days later my employment was terminated, no reason given. I had been continually meeting and exceeding all of my expectations prior to this, and my CEO even granted me stock options just 3 months earlier, as one of only 13 employees (2,700 total in company) in the entire company to receive them because of the "great" job I had done in building an entire department from the ground floor in the 14 months that I had been with the company, and growing sales revenue dramatically. I have found out that there were several people let go on the same day that I was, so it is conceivable that plans were already in place to eliminate my position, but it seems very unlikely to me that this is the case. My STD claim is still in the "review" process with the insurance company at this time (I am in my 3rd week since filing the claim). I went to my office today to pick up my personal belongings and also drop off company equipment. I received a call from a confidant in HR after returning home, that the CEO had hidden cameras installed in my office to see if I was lifting anything (I didn't, I had someone carry my things out because I am unable), and also that he had hired a private investigator to follow me around and see if he can catch me doing anything that would contradict my health status. I feel like I am being harrassed, what are my rights here, and what is my next logical step?

Thank you

I suggest you consult with an employment law attorney asap. Unless your employer can demonstrate that their decision to terminate your employment was completely unrelated to your request for leave, then it very much appears that you have a claim to bring for a violation of the Family and Medical Leave Act.

under surveilance

Thanks for your advice.

The other part of my question is can my employer legally hire a private detective to follow me and make sure I am really having the medical condition as declared by my physician. I have heard of insurance companies doing that, but I feel violated that my ex-employer is doing this. Am I being totally harrased. First, I was terminated after my STD notice ( which I believe is an FMLA case) and now this to add insult to injury?

The other part of my question is can my employer legally hire a private detective to follow me and make sure I am really having the medical condition as declared by my physician. Yes. If, for example, I want to surveil you I am perfectly free to do so anytime you are in the public domain until such time as my behavior rises to the level of criminal stalking, at which point you can go before a judge or court commissioner and get a restraining order against me.

In the meantime, if the employer wishes to hire a P.I. to determine if you are behaving in a manner consistent with your medical condition when you are in public view, they may. I think it's a pretty jerky thing to do unless there is a bonafide reason to think you are trying to file a fraudulent disability claim but nonetheless it's legal.