Just a short story and personal experience of a client of mine. Client A as I will refer to her as, was a customer service rep. for a large non-profit organization in Md. She was a 7 year employee with an excellent work history. In late May of 2014 she slipped on a wet step while walking in her house. The next day she was unable to walk, due to a ruptured disc in her back. She called off of work, saw her doctor who put her out of work for two weeks and then was released by her doctor with sitting and standing restrictions. The doctor’s note was given to her employer and the employer was unable to meet the restrictions. Since she was unwilling to go against her doctors orders, she didn’t return to work after her employer refused to abide by her doctors orders.
Two weeks later client A is getting ready to return to work and she receives a certified letter from her employer. The letter said that client A was terminated for job abandonment, the employer alleges client A never called off or showed for work for two weeks. Client A is completely distraught and can’t believe she is fired. She did nothing wrong, she saw a doctor, got a doctors note, gave the note to her job and told the job she couldn’t return unless the job followed her doctors orders.
So now she is unemployed and struggling to get her unemployment, luckily for her we have agreed to represent her for free.
Wish us luck as this is crazy, but not the first time we have seen this.
My heart and head cringed as I read Client A’s former job dilemma. How cowardly for her former employer to feign never having received a letter from this former employee. She was certainly within her legal right not to return to the work place if her supervisor chose not to adhere to certain suggestion made by the doctor for the employee’s well-being.
Sadly, many employers don’t want the hassle of accomodating an employee who is in recovery from a health crisis. They sometimes will fire that person, and hire a new person. I encourage Client A to review your legal rights in this matter, and with legal consultation, be financially compensated by this company.
Know that this was not your fault, and you were a model employee for seven years.