Legal Question in Employment Law in District of Columbia

Forced job clearance after an injury

I injured my back, herniating my C5 &C6 which caused me to be out of work and on short term disability for 6 wks. I've been back to work as a dispatcher for 6 months and my doctor refused to clear me for 4 more weeks. When I gave the letter to the Project Manager , he took it to HR and Employee health and made an appt for me to be cleared through Employee Health disregarding my Neurosurgeon. He then told me if they could not clear me to work in the full capacity of an Officer, that they will have to put me in a transitional phase,in another position in different dept. But we have officers that cannot drive and do not have a license, and this is mandatory for this position as well. I feel as though it's discrimation. These officers that cannot drive are not working to their full capacity either, but have been employed here for 2 years now. Help me please.


Asked on 8/17/07, 7:35 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Forced job clearance after an injury

Unless you're protected by a contract of employment or collective bargaining type of agreement from the type of summary adverse action(s)to which you've apparently been subjected by your employer, I believe that you're without viable recourse. (DC is an employment at will jurisdiction.)

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Answered on 8/17/07, 10:13 pm


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