Тёмный

Can Employers Request Medical Info? 

Samfiru Tumarkin LLP Employment Lawyers
Подписаться 20 тыс.
Просмотров 10 тыс.
50% 1

Lior Samfiru and Lumi Pungea tackle the issue of employers requestion medical information. What are the employee’s rights and obligations, and what is an employer legally allowed to do? Whether you are an employee or employing others, this is vital information.
Recently lost your job? Don't go it alone, get free and anonymous answers to your questions from an expert lawyer within minutes: www.termination...
Fired or terminated? Find out how much you're owed: severancepaycal...

Опубликовано:

 

14 окт 2024

Поделиться:

Ссылка:

Скачать:

Готовим ссылку...

Добавить в:

Мой плейлист
Посмотреть позже
Комментарии : 29   
@danpatch4751
@danpatch4751 3 года назад
This is an excellent video. I worked for a large company and was terminated because of medical reasons, I provided Drs. Note for needed time off and I was terminated and the union sat on there hands. The EEOC has been looking into it.
@SamfiruTumarkinToronto
@SamfiruTumarkinToronto 3 года назад
Hi Dan, thank you for your comment. While we do not practice law in the United States at this time (February 2021), we do hope that your situation is properly resolved!
@trentcalson105
@trentcalson105 2 года назад
Thanks Cyber always reliable platform I was able to use the hospital release note for work
@alkarimshariff2720
@alkarimshariff2720 8 месяцев назад
What's the difference between examination and cross examination? how does punitive damage work, and how do u earn that
@jeremyjeffery7527
@jeremyjeffery7527 2 года назад
This might not get seen but I live in SD, but I work for a HUGE corporation and have for almost 8 years. The company closed many stores at the beginning of last year and offered everyone severance OR a new job in a virtual work from home role, presented as one thing and eventually changing into something else. I took the job and did not even consider the severance and most of the employees did the same (at least from my store). As the year progressed and the job started changing, employees started dropping like flies, (nearly all the employees from the closed stores quit and from those I talked to were nearly all were harassed or bullied out) but I held on for dear life. My goal was to advance in my role (as it is a huge corporation) eventually so I figured I might as well keep my job. Consistently in this role I have excelled beyond my wildest expectations (heavy cross selling environment, with sickening quality control essentially threatening to fire you if you don’t offer on every call), and I am easily in the top 10-25 out of 4300 employees. I started getting more and more frequent migraines (as I mentioned, this job changed and started getting harder and harder, with management getting more and more unbearable), which I have had my whole life but have never been more than 1-2 monthly. I started getting between 1-6 per week, yes per week. I don’t want to start explaining those because I am having such a great day. Because of this, my attendance started suffering and I explained this several times to my manger (who was my manager at the time and the duration of time that my chief complaint is about) and he told me that I was SOL, and I would be getting attendance points with the explanation, “that’s what they (the attendance points [8: 1 /day] are for.” I panicked one day and jumped down the FMLA rabbit hole, and when I began that process (because I wanted to figure out these headaches and find the cause and take action in preventing them) my manger acted in a way that made me think he felt like I went over his head or as though I offended him because I didn’t accept his answer. I had paperwork (extensive FMLA “certifications”) filled out to protect these absences which at first were intermittent but became continuous when several medications were tried and were not effective, resulting in a last ditch effort of taking a week off in hopes that I wouldn’t get a headache. (I can’t express enough how my quality of life suffers when I have headache days, it’s not a headache, it’s not a bad headache, it’s far more severe.) I did not have a headache that entire week I was gone, and I shared this information with my doctor. It had been so long since I had felt that freedom from my migraines. With a new medication on board I went back to work; the headaches came back. (This is a decent point to explain: when you are absent, you need to log each day, down to the hundredth of an hour, in a web-based “portal” and have 5 days to do so, or risk attendance points, or have your doctor recertify with a job accommodation (10 day cut off), if you miss both deadlines, you’re truly SOL, even if certification is valid; the technicalities of this are just bizarre). I missed so much time that I would occasionally forget to log a day or an hour or etc. Each time this happened to me I would have to get the recertification done over and over and over again, when I feel like I should be fine based on the original paperwork. I just wanted to keep my job and (like I said from earlier) advance with the company. - that brings us to about a month ago, I applied for short term disability (which should have been done at the beginning of my FMLA but I was working on this alone and had no idea what I was doing and no one would help, HR gave me a hard time when I called so that discouraged me from asking for help again [my boss still had a chip on his shoulder and was zero help still]), have run out of FMLA time, have had 5 (yes 5) multi page documents explaining the extent and several details that I feel are beyond what I am comfortable with being shared to my employer. Because it seems to me that the stress from the role itself is the root of my issue, I applied within the company to a local store (virtual to in person), and I was determined as “not a good fit as we have a multitude of qualified candidates” when I have an individual with whom I am acquainted with (who is an assistant manager, the same role I applied for) telling me that they have not had a single interview, and are in desperate need of employees and is confused as to why I would get that response because it couldn’t be further from the truth (in addition to the fact that I have been with the company for 6+ years longer than him and (like I referenced earlier) he has the same role that I applied for. Here’s my problem, I am being forced, for a sixth time to provide medical information that I am fed up with to be completely honest, in order to prove my disability and be paid. I have been out of work for so much longer than I can afford to be without pay, and have switched hospitals because I couldn’t afford to pay my bill to see the doctor that I had been working with. They are putting me through what seems like an undue hardship (like I said 5 separate occurrences of 6 pages of documentation) and here I am being told “you cannot get paid, you have to prove it” again. (that was pretty much the majority of issue #1). I also want to know why I was deemed unqualified or not a match for the job I applied for and am going to be requesting my personnel file within the next couple hours so that I can see what the person doing the hiring saw. (lThat is the majority of issue 2.) I feel discriminated against on multiple and across many levels. I feel so overwhelmed and I am nearly at my breaking point, and have started applying elsewhere because this feels demeaning and I just feel like I have lost so much time to this company who not only sees no value in my work - but also is borderline harassing me. I need so much help. This is the first time I have taken the time to lay it all out. Is there any guidance you could offer? (This company as of 2020 was worth 10.96 billion, not that their worth entitles them to treating me this way, but is relevant to the power they have over someone like me.)
@alkarimshariff2720
@alkarimshariff2720 8 месяцев назад
After getting fired after 23 years, how much severance am I entitled on wrongful termination with a back pay
@moniquemcpherson6927
@moniquemcpherson6927 Год назад
I'm away due to a cold. I will be away for only 1 day and now my supervisor has equested a note so that he can monitor legitimate absences. Can he do that in Alberta?
@alkarimshariff2720
@alkarimshariff2720 8 месяцев назад
I was fired on October 13, age 57, and it's hard for me to get a job that pays $ 25 per hour. Most jobs pay $20 per hour please any advice
@sierra.lynette
@sierra.lynette 3 года назад
the employer is demanding a review from an MD instead of the chiropractor who has been treating my mother since her injury in 2011. the MD retired and the facility shut down. she has been working from home for years and now they want all employees to report to the office. she cannot do so bc of the back injury and is unable to walk long distances to get to new york from nj. is the MD necessary? she has been threatened with termination and was even lied to by a supervisor that her medical files were “lost” so they wanted the new files. she works for a life insurance company.
@crystalbennett8012
@crystalbennett8012 3 года назад
What if your diagnosed and prescribed after termination with a mental health condition? I believe lead staff singled me out because employer/GM abruptly drew up a “random” drug test policy the same I burned breakfast in microwave and had to ask for a snack because I was low iron and anemic etc (PMDD) and they used a Walgreens home test( not what the form said that I signed) then said I put water in it without ever sending it to a lab? They showed my aunt my test. She works there. I’ve tried getting state/federal agency help. No response from 5/8 lawyers I’ve left msgs with. Also this happened November 2020. Can I still do something and fight for my own rights at least?
@bankybiggs7004
@bankybiggs7004 5 лет назад
Very good information... Texas Dept of Criminal Justice (TDCJ) is definitely in violation of ordering employees to provide all medical diagnostic personal information and threaten to terminate employee's employment if their demands are not met.
@KMouseff
@KMouseff 5 лет назад
I'm dealing with exactly this right now.
@SamfiruTumarkinToronto
@SamfiruTumarkinToronto 4 года назад
Thank you for leaving your comment, Banky. Unfortunately, we can't really address your specific situation as we don't handle legal matters outside of Ontario or British Columbia, Canada.
@stapes2243
@stapes2243 3 года назад
Important to me is 8 minutes onward!
@traceynelson6745
@traceynelson6745 2 года назад
This video does have good content however - it is very frustrating hearing uh uh uh uh um um um and constantly repeating the same word within a sentence. Video edit possibly? I would expect total confidence, especially considering this is an employment law firm. I am glad this was not the first clip I watched otherwise I doubt I would have watched another
@invictusvinyl
@invictusvinyl 5 лет назад
I was hospitalized and I was out of work for a couple days .. I called and let my employer know the reason for me not showing up to work .. For me to arrive at work to be made fun of by other employees that drove me to quit my job.. Is this a HIPAA violation ?
@SamfiruTumarkinToronto
@SamfiruTumarkinToronto 4 года назад
Unfortunately we can't answer your question, as we do not practice law in the United States at this point in time. We do practice employment and disability law in the provinces of Ontario and British Columbia, Canada.
@l_.i.z.z.y
@l_.i.z.z.y 4 года назад
What if you didn’t go to a doctor and you have asthma but you can’t go to work because of the ashes outside
@prentisswilliams5478
@prentisswilliams5478 2 года назад
My employer told me to call my doctor and give him permission to hear my diagnosis they even refuse to return me with out knowing my condition he call the doctor 5 to after receiving my return paper sign by the doctor is this legal this happen in July is it in time limit to inform a lawyer plus he just repeated the same actions this month to me me as well. 10/21
@prentisswilliams5478
@prentisswilliams5478 2 года назад
My job is crazy they don't offer medical insurance but wants a doctors note 🤔 you should have to pay to play it one side deal with this company
@trentcalson105
@trentcalson105 2 года назад
They're on IG
@rubyr884
@rubyr884 5 лет назад
Thank you
@SamfiruTumarkinToronto
@SamfiruTumarkinToronto 4 года назад
Thank you, Ruby.
@williamtalbot5633
@williamtalbot5633 7 лет назад
good info
@diannemccarroll2367
@diannemccarroll2367 3 года назад
Under the public health act, the answer is NO.
@Ruouiji
@Ruouiji 3 года назад
Just because governments are insane, does not empower employers to act the same! Case closed.
Далее
The Worst Times to Terminate an Employee.
34:26
Просмотров 19 тыс.
Think Fast, Talk Smart: Communication Techniques
58:20