by Donna
(Kansas)
My employer knows I’m disabled and wanted a note from my doctor stating what my work restrictions are.
I gave her two notes from two different doctors stating why I couldn’t do one specific task and that I also needed to use a heating pad while on my scheduled breaks.
My employer called me at home and left a message that denied me the use of a heating pad.
I want to quit because she ignored my Dr’s notes that she needed and asked for.
Hi Donna,
First of all, I do not tell people they have good cause to quit their jobs and collect unemployment benefits.
I do however, do my best to get people thinking about how one arrives at the point of being better able to attribute the fault .. good cause to the employer.
So, I still have questions.
I would like some more information, so I can be clearer about the circumstances leading to this situation.
How long have you worked for this employer .. that only now, it’s become an issue for the employer?
Are you certain the disability, or disabilities you mentioned are covered under the ADA? I only ask .. because some will call illnesses and injuries not covered .. a disability.
When your employer left that message denying your use of a heating pad on scheduled breaks, might she of also insisted you continue to do the one task your doctor notes instructed you not to do?
And lastly, is the use of the heating pad directly related to treating one, or more of the disabilities referred to in the doctor notes?
Here’s what I think about the one detail you provided that stuck out as singularly .. making little to no sense to me and relates to possible good cause for UIBs.
An employer telling an employee they cannot use a heating pad (purportedly ordered clearly by a doctor in note they asked for) while on a scheduled and lawful rest break (or as dictated by KS labor laws which may extend beyond the minimum protections of the FLSA) makes me think to ask this ..
Have you lost your ever lovin’ mind, to of left a recorded message (potential evidence) telling the employee they wouldn’t be allowed to follow doctor order at work .. even to use a heating pad, while on a scheduled break, whether a paid break, or not?