Legal Question in Employment Law in California
Psychiatry consultation being forced by employer
Can the employer fored an employee to have a psychiatry consultation before the employee can continue his work ?
If yes, under what base can an employer do this ?
Can the employer call the family member of this employee and force the family member to ask this employee to consult the psychiatry professional ? If yes, under what circumstances ?
Can the employer ask all the other employees to write about an employee about if the employee act weird ?
If yes, in what circumstances ?
1 Answer from Attorneys
Re: Psychiatry consultation being forced by employer
Generally, if the employer has reason to be concerned for the safety and welfare of it employees, including you, it may require you undergo a psychological examination to determine if you are fit for duty.
However, they do not have the right to have access to the medical documentation, such as the therapists notes of the things you tell him or her. They only have the right to know if you are okay to return to work. You should emphasize to the therapist that you are not authorizing them to provide your file to the the employer.
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