CA Employer Issues: Forced Disability ???

Question

Can an employer -

1) Demand you see a MD because they think you are ill?
2) Force you to go on disability if you refuse?

My friend's boss thinks she has neurological problems and says if she isn't seen by a physician, they will force her to go on disability.

The MD has declared her perfectly healthy, but is this even legal?

Also, they are making her use her vacation time to cover the time off to see the MD. Can they do that?

Isn't this harrassment?

Added 07/12/07 6:17 PM

A little harsh are we? I am looking for a real answer.

The issue is - there is no basis for the accusation of "illness".

She has been employed (Management)with the same company for 25 years, with a spotless record. She has maintained the highest revenue of any division for 5 years running and highest ratings from her clients.

Her boss has nothing to base her supposed "illness" on; but on the flip side, the past 25 years with no serious illnesses.

I am asking about employee rights.

Answer 1

What the HELL is it harassment if a co wants medical documentation to certify whether or not you are capable of working?
"The MD has declared her perfectly healthy?"
OF COURSE it's legal if she's healthy?
Pal, you'd better realize the EMPLOYER has rights and he's protecting them and himself.

Answer 2

Hi - there are a few issues here.

-Yes, an employer can request that an employee provide the equivalent of a "fitness for duty" certificate from a legit health care provider. The employer must, however, have reasonable cause to request such a document - the employee's behavior causes concern for their own or others' safety, for example.

-The employer can also require that the employee be placed on leave if they cannot provide the requested certification - again, the employer must demonstrate a necessity for this requirement.

-Without probable cause, your friend could have a harassment claim, especially with a stellar record such as you describe. Does she believe there is an ulterior motive? For example, is she nearing retirement age and the company doesn't want to have to pay out retirement? Did she just get a new boss who may be trying to force her out? She can check at www.dol.gov to find a DoL office nearest her, and discuss a potential claim with them. The EEOC may also be of assistance since her employer has basically indicated that she has a "perceived disability", which entitles her to the same legal protections as a real disability - www.eeoc.gov.

-Last but not least, vacation plans are administered solely at the discretion of the employer. There are very few legal requirements which govern the use of vacation time. They could theoretically force her to use vacation to visit the MD, although I have not heard of a company doing so - it would seem that it would just serve to piss off the employee further and encourage them to be litigious (which seems to be the case here.)

Good luck to your friend.

Answer 3

1) yes, they can make you see a doctor but they must pay for it if it is a condition of employment.
2) If she were ill enough to prevent her from performing her job, yes they could force her to take sick leave.
Since the doctor said she's fine,they should back off.
If not, I would suspect that they are trying to, put the old horse out to pasture so to speak. Which would be age discrimination. Tell her to pay careful attention.