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  1. #16
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    Apr 2018
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    The meeting has now taken place. I never asked for alternatives because it was demanded that I attend. I decided not to fight it.
    Yes I have been on disability but the meeting was about performance prior to the disability.

    All I wanted to know is whether an employer can demand that an employee on disability attend a meeting even though doing so could jeopardize his health. It's not about Uber or taking a cab, it's about the fact that I am out on medical leave trying to abide by what my doctor tells me to do and not risking further injury.

    I don't write the laws but it seems that this should be highly illegal. Am I wrong?


  2. #17
    Join Date
    Nov 2001
    Location
    Massachusetts
    Posts
    38,320
    You are entitled to your opinion. However, "being on disability" is not a protected characteristic under the law and therefore does not offer any special protections.

    When and if you suffer some actual health issues that you and your doctor are able to tie expressly to the fact that you had to attend this meeting, and can provide clear and convincing evidence that you would not have suffered these health issues if you had not had to attend the meeting, come back and see us then. Until such time as your health is drastically damaged by your attendance at this meeting and you have medical confirmation of that fact, it's no harm, no foul.


    Two things I am tired of typing: 1.) A wrongful termination does not mean that you were fired for something you didn't do; it means that you were fired for a reason prohibited by law. 2.) The above answer, whatever it is, assumes that no legally binding contract or CBA expressly says otherwise. If it does, the terms of the contract apply.
  3. #18
    Join Date
    Apr 2018
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    6
    Again just my opinion but to me that would be like someone shooting a gun at someone, missing, and then saying "no harm no foul."


  4. #19
    Join Date
    May 2017
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    1,650
    Quote Originally Posted by caguy2018 View Post
    Again just my opinion but to me that would be like someone shooting a gun at someone, missing, and then saying "no harm no foul."
    No really it isn't.


  5. #20
    Join Date
    Jun 2017
    Posts
    2,278
    If you think this meeting about prior performance is any sort of set up to discuss continued retention or any other topic like abuse of lease or some sort of prformance improvement plan or warning ..then I suggest you you get counsel BEFORE you go to meeting . Its not what you post..but it seems unusual to demand a performance review while out on leave unless there is something else going or some other proceedural step that must be met.


  6. #21
    Join Date
    May 2017
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    1,650
    Sure, everyone talks to a lawyer before they have a meeting with their boss.


  7. #22
    Join Date
    Jan 2005
    Location
    California
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    72,195
    Quote Originally Posted by HRZ View Post
    If you think this meeting about prior performance is any sort of set up to discuss continued retention or any other topic like abuse of lease or some sort of prformance improvement plan or warning ..then I suggest you you get counsel BEFORE you go to meeting . Its not what you post..but it seems unusual to demand a performance review while out on leave unless there is something else going or some other proceedural step that must be met.
    Kind of strange that you posted this nonsense five days after the meeting took place.


  8. #23
    Join Date
    Jun 2017
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    2,278
    I missed his point that meeting had taken place until after I had posted . OP kept rambling on about possible illegal nature of meeting ...but never said what took place


  9. #24
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    Jan 2005
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    California
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    Quote Originally Posted by caguy2018 View Post
    The meeting has now taken place. I never asked for alternatives because it was demanded that I attend. I decided not to fight it.
    Yes I have been on disability but the meeting was about performance prior to the disability.

    All I wanted to know is whether an employer can demand that an employee on disability attend a meeting even though doing so could jeopardize his health. It's not about Uber or taking a cab, it's about the fact that I am out on medical leave trying to abide by what my doctor tells me to do and not risking further injury.

    I don't write the laws but it seems that this should be highly illegal. Am I wrong?
    You've piqued my curiosity... What is your medical condition that would be harmed by a drive in a car?


  10. #25
    Join Date
    Mar 2005
    Location
    Lake Chapala
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    6,081
    Quote Originally Posted by Zigner View Post
    You've piqued my curiosity... What is your medical condition that would be harmed by a drive in a car?
    And yet somehow wasn't harmed by driving in a car?


  11. #26
    Join Date
    May 2004
    Posts
    77,331
    Quote Originally Posted by eerelations View Post
    And yet somehow wasn't harmed by driving in a car?
    Just to play devil's advocate...

    A couple of year's ago I was in the hospital for pneumonia as a complication of the flu. I was intubated for 5 days, in the ICU for 8 days and in a regular hospital room for 3 days. I was weak as a kitten when I got out. Had I been summoned to a meeting at work (within a week of going home) someone could have driven me there, but it would have been a miserable experience. I likely would have done me no lasting harm, but again, it would have been a miserable experience.

    It cannot be assumed that just because someone can find a way to get there, that it won't be a miserable experience for them either.


  12. #27
    Join Date
    Jan 2005
    Location
    California
    Posts
    72,195
    Quote Originally Posted by LdiJ View Post
    Just to play devil's advocate...

    A couple of year's ago I was in the hospital for pneumonia as a complication of the flu. I was intubated for 5 days, in the ICU for 8 days and in a regular hospital room for 3 days. I was weak as a kitten when I got out. Had I been summoned to a meeting at work (within a week of going home) someone could have driven me there, but it would have been a miserable experience. I likely would have done me no lasting harm, but again, it would have been a miserable experience.

    It cannot be assumed that just because someone can find a way to get there, that it won't be a miserable experience for them either.
    The OP specifically stated that he would experience harm by attending. We've asked for that to be expanded on, but the OP has not replied (yet). This will allow the OP to dispel any "assumptions" that may (or may not) have been made.

    I'm sorry, the OP said "...driving there would be a health risk." That's why I asked the question I did.


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