Can I be terminated for filling out a company requested medical form?
I am facing a termination. I am a cba protected worker. I was recently (last one year) injured on the job. While I was out under medical care I was to periodically report to my company physician to do follow ups from my regular doc. At these mandatory company doc meetings I was needed to fill out a type of medical form stating what I am capable of. I was also told I CANNOT leave any of this form blank, and was told to just fill it in by the PA. They sent an investigator on me and said they saw me doing things that I said I couldn't do. ie- standing for longer than 1 hour, walking more than 50yds.... I don't feel I did anything wrong, and the videoes didn't really seem as they showed anything, but here I am facing termination because of this form. I am not a doctor, WHY do I HAVE to fill this out and then be liable to discipline? I live in ny. ANY help would be greatly appreciated!
1 answer | asked Sep 18, 2015 1:20 PM [EST] | applies to New York
Answers (1)
An on the job injury is a workers compensation claim. If you do not have a workers compensation claim attorney yet then this is just one reason to hire one immediately!
"The videos didn't really seem as they showed anything" seems to indicate that you participated in some type of proceeding or hearing. Were you represented by counsel?
Your legal representative (union or private pay) should advise you regarding your CBA duties and rights.
Most CBAs require you to exhaust administrative remedies. That means timely requesting dispute resolution including hearings and arbitration.
If you have already been terminated then you know that you can be terminated. Whether the actual decision or recommended action to terminate stands will depend on how well your legal counsel defended you.
Arbitration is often the last resort when termination is recommended. If you are facing such final action retain counsel immediately! Good luck.
posted by V Jonas Urba | Sep 18, 2015 2:35 PM [EST]
Answer This Question
Sign In to Answer this Question
Related Questions with Answers