Doctor's Orders

[lvs2007]

What is the name of your state (only U.S. law)? OH

Is it acceptable for an employer to force an employee whose job does not regularly require heavy lifting to refuse doctor's order? Can they block her from going to her specialist appointment? If they fire her upon hearing that she requires surgery would we have grounds for a lawsuit or just unemployment?

Background:
My wife recently began experiencing severe shoulder pain and was told by the doctor to avoid lifting anything over 15 lbs. She was also referred to a specialist. Her employer refuses to recognize the doctor's order on lifting. She works as a dental assistant so the job only requires lifting at the end of the day to move supply bins. While there are plenty of small instruments to move that my wife can handle, her office manager refuses to accept her not lifting the heavier bins. They also blocked her appointment with the specialist by first allowing her to switch schedules with another assistant, but when they found out it was a specialist appt. they recanted and said they cannot switch schedules. They've told her that if she goes to the specialist and needs surgery with the accompanying time off, it's unacceptable. They can't come out and fire her without being on the hook for unemployment because she's never late, she has a meek personality, and patients love her, but the office manager is definitely trying to push her out the door.

[Zigner]

Originally Posted by lvs2007

What is the name of your state (only U.S. law)? OH

Is it acceptable for an employer to force an employee whose job does not regularly require heavy lifting to refuse doctor's order? Can they block her from going to her specialist appointment? If they fire her upon hearing that she requires surgery would we have grounds for a lawsuit or just unemployment?

Background:
My wife recently began experiencing severe shoulder pain and was told by the doctor to avoid lifting anything over 15 lbs. She was also referred to a specialist. Her employer refuses to recognize the doctor's order on lifting. She works as a dental assistant so the job only requires lifting at the end of the day to move supply bins. While there are plenty of small instruments to move that my wife can handle, her office manager refuses to accept her not lifting the heavier bins. They also blocked her appointment with the specialist by first allowing her to switch schedules with another assistant, but when they found out it was a specialist appt. they recanted and said they cannot switch schedules. They've told her that if she goes to the specialist and needs surgery with the accompanying time off, it's unacceptable. They can't come out and fire her without being on the hook for unemployment because she's never late, she has a meek personality, and patients love her, but the office manager is definitely trying to push her out the door.

Actually, if she cannot perform the work that is required of that position, they CAN fire her and not be on the hook for unemployment. (Assuming that FMLA doesn't apply)

[lvs2007]

What if the shoulder damage is tied back to her work?

[Zigner]

Originally Posted by lvs2007

What if the shoulder damage is tied back to her work?

The she would have filed a work-comp claim.

You didn't indicate in your OP that it WAS a work-related condition. Is it?

[lvs2007]

Originally Posted by Zigner

The she would have filed a work-comp claim.

You didn't indicate in your OP that it WAS a work-related condition. Is it?

She doesn't know It was a gradual thing. It went from dull to acute over time.

[commentator]

Unemployment insurance is possible if they fire her for refusing to do something she is unable to do, particularly with a doctor's statement saying she should not do it, and it is not involved in the regular performance of the job. In other words, they can say "That's unacceptable" when she can't lift the bins. So then if she doesn't pick up the bin, knowing it will hurt her shoulder, and they then say, "You're fired!" she can go straight out and file for unemployment and will very probably be approved. However, she will not be able to receive the benefits until she is fully released by her doctor to resume work with no restrictions.

She should NOT under any circumstances, quit. If they will not honor her time off for the doctor, (incidentally, why did she have to tell them why she needed to be off anyhow?) let them terminate her for taking the time off. But if they fire her for taking time off to go to a doctor's appointment, she needs to get a note from the doctor's office that she was there, and she will be likely to be approved for unemployment if she is fired for that reason. Once again, approved, but not able to receive the benefits until she is fully released.

Of course, this office manager is stupider than stupid. If they have enough employees to make Worker's Compensation coverage mandatory (either 3 or 5 employees, I forget) and she was a person of less integrity, all she'd have to do is take hold of a bin, grab her shoulder and let out a scream, and they'd be on the hook to pay for everything, including shoulder surgery if she needs it. Trying to force an employee to do something not really remotely related to the job that worsens a condition she is known to have (bad shoulder) is just DUMB.

Even though she is a meek person, she must not hurt herself or quit simply because this office manager wants her to quit her job. She must keep doing what she can, within the doctor's restrictions, until they terminate her. If she is off to have surgery, she needs to present them with a note when she is released, and if they tell her that she is not going to be allowed to come back then she will be eligible for unemployment. If it were a worker's comp case she could be able to draw when released with restrictions. If it is not a work related issue, she cannot draw benefits until she is fully released (no restrictions on her ability to do work.) Unemployment is not disability. But when she is able to work again without restrictions, she will probably qualify if these people have fired her.

[Zigner]

Originally Posted by commentator

Unemployment insurance is possible if they fire her for refusing to do something she is unable to do, particularly with a doctor's statement saying she should not do it, and it is not involved in the regular performance of the job. In other words, they can say "That's unacceptable" when she can't lift the bins. So then if she doesn't pick up the bin, knowing it will hurt her shoulder, and they then say, "You're fired!" she can go straight out and file for unemployment and will very probably be approved.

OP has stated that moving the bins IS part of her regular duties. If she cannot perform her regular duties due to medical issues (that are not work-related), then she can be let go and she CAN be denied UI.

[commentator]

If a person has a medical restriction which says she cannot do something that is a regular part of her duties (which in this case they are severely straining the point, accomodations for this aspect of her job could very easily be made) and the company refuses to accomodate her, and lets her go, she can file for benefits as soon as this medical restriction has been removed. She will be advised to present herself to the employer again, without restrictions, and if they said "No, you're fired, we don't want you back anymore, your old job has been filled," then she can file for, and will very probably be approved for benefits. Because it was their decision to discharge her (not for a misconduct reason) and she is now ready to work again.