Page 1 of 2 1 2 LastLast
Results 1 to 10 of 13
  1. #1
    Join Date
    Nov 2013
    Posts
    4

    Exclamation Boss Not Respecting "Light Duty" Orders and Pressures for Full-Time Return to Work

    My question involves labor and employment law for the state of: CA

    I am trying to help my mother-in-law with her situation at work.

    Background: Boss and MIL have worked together at different companies over the last 8 years. Currently, MIL has been at her position for 3.5 years with this Boss & company. Boss and MIL had developed a friendship outside of work over those 8 years. Boss is aware of MIL's mental illness causes more emotional reactions at work. MIL has developed physical illnesses over the last year with accompanying FMLA usage for treatment. MIL works at a desk job in a medical facility. Boss consistently delegates her own duties to MIL and MIL cannot do her own job.

    Problems: Boss manipulates MIL into coming back to work well before doctors orders and subsequently disregards the return to work at light duty.

    Spring this year: Due to shoulder pain/injury (genetic + possible overuse from lifting), MIL was intermittently out of work for procedures to relieve her pain. When at work, she was supposed to be on light duty. Due to pressure from Boss, MIL resumed normal duties and did not fully recover from procedures done to relieve her pain.

    Current: MIL had a fall at work that turned out to be resulting from heart problems. Boss asked if she could take a few breaths and make it through the day. No one called for an ambulance and MIL clocked out and was taken to the ER by family, was admitted, and taken out of work for about 6 weeks. Doctors said MIL should limit her stress (mental & physical) and exertion to not aggravate the heart condition. Boss calls MIL daily outside of work hours: mornings and usually evenings too, also on days off and they often fight over the phone about problems at work. During one of these calls, Boss manipulated MIL into coming back after only 1 week off (of the 6) by saying MIL could lose her insurance and that Boss needed MIL at work due to Boss' own health. MIL came back to work with an open-ended part-time, light duty designation from the doctor. MIL's hours are reduced and by verbal agreement between Boss and MIL, light duty was to mean computer work only. No lifting, no duties in other locations at the facility. Boss held to that for about 1 day before requesting MIL return to normal duties with physical exertion. Boss now says there was never an agreement to have MIL at computer work only. Boss has confrontations with MIL over the other duties. MIL is scared of retaliation and is threatened by Boss. MIL keeps reminding Boss that MIL is supposed to be on light duty, Boss says "light duty is a joke." MIL has had increased stress and instability of her mental and physical health due to Boss not keeping her word and Boss' constant contradictory statements. MIL comes home crying most days (3 or 4 out of 5 days every week) due to Boss. Boss is pressuring MIL to return to full time hours, Boss' tone indicating that MIL's job is in danger. Boss denies MIL's interpretation of events and conversations and causes further instability for MIL.

    There is so much going on. MIL has started standing up for her rights this last year (no longer working off the clock, taking work home, etc) and Boss is upset over it. It is a very hostile situation. We don't know what to do. Boss is now being transferred in about 3 weeks to a different facility. MIL thinks she should just get through it and then talk to the new boss to clarify what her job really is and what light duty agreement they can have. I am concerned for MIL as management doesn't seem to be aware of all the trouble and thinks MIL is up to date with her job. She is not, and cannot be while she is doing the delegated work from current Boss.

    MIL is afraid and stressed to go above Boss or go to HR as she is afraid of retaliation and harassment. She already feels harassed and retaliated against anyway due to her changes in working ONLY on the clock.

    Any advise?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    MIL's duties are whatever BOSS says they are unless there is a contract to the contrary.

  3. #3
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    So the light duty designation holds no weight?

  4. #4
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    The employer is not obliged to follow the doctor's letter. When ADA provisions may apply, the employer is expected only to make "reasonable" accommodations.

  5. #5
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,521

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    There are no circumstances whatsoever under which an employer is required by law to provide light duty. There are situations where the employer may face liabilty if certain results occur, but none where the law says, If x happens the employer must provide light duty.

    I don't have time to address the other issues right now, but I will later tonight.

  6. #6
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    I have had to fire a few friends. It was not personal, it was business.

  7. #7
    Join Date
    Sep 2013
    Posts
    833

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    Quote Quoting Disagreeable
    View Post
    I have had to fire a few friends. It was not personal, it was business.
    Yes, Michael.

    http://www.youtube.com/watch?v=Bo7zkd0kRS4

  8. #8
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    LOL, never seen that.

    Quote Quoting Welfarelvr
    View Post

  9. #9
    Join Date
    Nov 2013
    Posts
    4

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    Quote Quoting cbg
    View Post
    There are no circumstances whatsoever under which an employer is required by law to provide light duty. There are situations where the employer may face liabilty if certain results occur, but none where the law says, If x happens the employer must provide light duty.

    I don't have time to address the other issues right now, but I will later tonight.

    Are you suggesting that if MIL is injured due to regular duty or experiences another cardiac event due to stress, that there could be a workman's comp issue? Boss is aware that MIL is at risk for further injury and has been directed by medical professionals to limit stress and physical exertion.

    We are just not sure if there are any steps she can take at this point. Boss seems to hide the goings-on of the department from higher-ups and corporate and does not take MILs ideas and suggestions seriously (about ways to improve MIL's own performance and efficiency), always returned with a flat NO at the time it is brought up.

    We are not so concerned if MIL gets fired. Just wanting to help her stand up for her rights and have as healthy a work experience/environment as possible.

  10. #10
    Join Date
    Sep 2011
    Location
    OH10
    Posts
    17,019

    Default Re: Boss Not Respecting "Light Duty" Orders and Pressures to Return to Work F/T

    It does not appear she is medically capable of doing her job and needs to find another one she can handle.

    1. Sponsored Links
       

Page 1 of 2 1 2 LastLast

Similar Threads

  1. Workers Compensation Issues: Assigned to Light Duty Work but Can't Do Duty
    By theworldasone in forum Worker's Compensation
    Replies: 5
    Last Post: 07-31-2013, 11:41 PM
  2. Workers Compensation Issues: Return to Light Duty
    By AverageCitizen in forum Worker's Compensation
    Replies: 7
    Last Post: 06-07-2012, 05:42 PM
  3. Medical Issues: Employer Won't Let Worker Return on Light Duty
    By bworm08 in forum Employment and Labor
    Replies: 3
    Last Post: 03-03-2012, 09:35 AM
  4. Harassment: Can My Boss Cut Me from Full-Time to Part-Time
    By medtech in forum Employment and Labor
    Replies: 5
    Last Post: 01-08-2012, 07:31 AM
  5. Light Duty at Work
    By bubby in forum Worker's Compensation
    Replies: 2
    Last Post: 03-15-2006, 09:44 AM
 
 
Sponsored Links

Legal Help, Information and Resources