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Are my employers legally able to ask for a second note?
Fri, 01/08/2016 - 16:47Topic: Advocate for Epilepsy
Hello community!!
I am finally working my first full time job in over 2 years and am very excited! But, I am having some issues and I am hoping someone can direct me in the right way so I can get back to work immediately!
A bit of background: I have recently been having seizures, which they were understanding of and were aware I had epilepsy when I was hired at my current spot in Nashville, TN, and had to miss days of work and had been calling out. I got a note from an emergency room doctor, as I am in between doctors and have not found one in Nashville that is under my insurance (Horizon Blue Cross Blue Shield of New Jersey- still under my dad's as I am 24). The doctors prescribed me medications for migraines, and I am also taking my regular AEDs and my muscle relaxer I am prescribed as a precaution to not have seizures at work, and the doctors at the ER gave me the OK to return to work the very next day without restrictions (I was in the ER on the 5th, got the OK to work the 6th).
On the 6th, I went in and talked to my head manager, who understood that I would be a little loopy but that I was able to complete my duties. My other immediate managers understood and I was able to work for a majority of that shift. But then the owner called me into a meeting and said he was worried about the store being liable and my safety and wanted to get a 2nd note from a neurologist saying I have the OK to work. I thought that by already having a note (which is in the possession of one of my managers) would be enough and have never had to get 2 notes from an employer before. Plus, sometimes the wait for a neurologist could take a month and I have plenty of bills and just enjoy working in general! What are my rights in this situation? Is he allowed to ask for another note from a specialist or should the note from the ER saying I have the OK be enough? Is there a way that if I can compromise with them so I do not need a specialist's note to work? I am getting referrals for doctors I just want to work as soon as possible!
I'm hoping someone can help me with this! Especially if you are able to give me hard, documentation that I can show my bosses if asking for a second note from a specialist after I already got the Ok to work! I've talked to multiple people already, and they have never heard of anyone having to do this either, and I feel like I'm getting taken advantage of. Yea, I understand they are worried, but getting an ok from one doctor, and me knowing the limitations of my body should be enough! Please be able to direct me with something I can show an employer or why it is legal for them to ask for 2 notes, one right after the other (I am in TN).
Thank you community for your help!
Comments
Less than a minute agoRobert
Submitted by Robert White on Fri, 2017-01-13 - 00:03
Less than a minute agoRobert WhiteHi Gingerb, The only thing, only reason I can see for them wanting a second letter/note is that the ER Dr. isn't a neuro and they may want someone that is specialized in that field to confirm your situation. Don't know; but that's the only thing I could see their reason for a second note. By the way, I congratulate you for being able to find someone that will hire you knowing that you have epilepsy. I also admire your wanting to work and doing it. I had brain surgery in 1992, got a masters degree in 1997 and started working as a counseling psychologist with the desire//intention of getting my PhD. But, the seizures came back six years later ---1998---and I lost three jobs as a result. One job was at wal mart stocking shelves. I tried to get them to let me work an office job so it wouldn't be possible to fall off of a ladder or some such reason. They said No. Three days later I was "let go". Finally, I decided for disability. I was single during that time so there was no one else to help support me. Congratulations on your job and if you feel that it would not be detrimental to your job tell your employer I thank him for hiring you with knowledge of your seizures and keeping you when you have med side effects and seizures. Also, if you want to convey my experiences you can if you think it won't be harmful. What company//business do you work for?? Keep up the good work and I wish you the best for your future.
Hi Gingerb, The only thing,
Submitted by Robert White on Fri, 2017-01-13 - 00:03
Hi Gingerb, The only thing, only reason I can see for them wanting a second letter/note is that the ER Dr. isn't a neuro and they may want someone that is specialized in that field to confirm your situation. Don't know; but that's the only thing I could see their reason for a second note. By the way, I congratulate you for being able to find someone that will hire you knowing that you have epilepsy. I also admire your wanting to work and doing it. I had brain surgery in 1992, got a masters degree in 1997 and started working as a counseling psychologist with the desire//intention of getting my PhD. But, the seizures came back six years later ---1998---and I lost three jobs as a result. One job was at wal mart stocking shelves. I tried to get them to let me work an office job so it wouldn't be possible to fall off of a ladder or some such reason. They said No. Three days later I was "let go". Finally, I decided for disability. I was single during that time so there was no one else to help support me. Congratulations on your job and if you feel that it would not be detrimental to your job tell your employer I thank him for hiring you with knowledge of your seizures and keeping you when you have med side effects and seizures. Also, if you want to convey my experiences you can if you think it won't be harmful. What company//business do you work for?? Keep up the good work and I wish you the best for your future.
Hi Gingerb, The only thing,
Submitted by Robert White on Fri, 2017-01-13 - 00:02
Hi Gingerb, The only thing, only reason I can see for them wanting a second letter/note is that the ER Dr. isn't a neuro and they may want someone that is specialized in that field to confirm your situation. Don't know; but that's the only thing I could see their reason for a second note. By the way, I congratulate you for being able to find someone that will hire you knowing that you have epilepsy. I also admire your wanting to work and doing it. I had brain surgery in 1992, got a masters degree in 1997 and started working as a counseling psychologist with the desire//intention of getting my PhD. But, the seizures came back six years later ---1998---and I lost three jobs as a result. One job was at wal mart stocking shelves. I tried to get them to let me work an office job so it wouldn't be possible to fall off of a ladder or some such reason. They said No. Three days later I was "let go". Finally, I decided for disability. I was single during that time so there was no one else to help support me. Congratulations on your job and if you feel that it would not be detrimental to your job tell your employer I thank him for hiring you with knowledge of your seizures and keeping you when you have med side effects and seizures. Also, if you want to convey my experiences you can if you think it won't be harmful. What company//business do you work for?? Keep up the good work and I wish you the best for your future.