Legal Question in Employment Law in Michigan

I am a 911 dispatcher, over the last year and 1/2, I had what was thought to be seizures, I when thru alot of testing and a neurologist found it to be complex migrains. My work forced me on a paid administrative leave yesterday. I have offered to give him the right to speak with my neurologist who does feel that I am fit for work and the medication I take for this is working. They want to send me to another dr. that is 100 miles or more from me for a second opinion. Not only have I got the same opinion from my family dr. but also have seen a cardiologist and had eeg, ekg, tee, mri, cat scans, cervical scans and some of these tests twice. Do I have any legal action? There is another employee that has diabitis and they keep medication on hand at work for him, for when he has diabetic seizures.


Asked on 6/09/11, 7:07 am

1 Answer from Attorneys
Betty Tsamis Tsamis Law Firm PC

Most likely, you are protected under the Americans with Disabilities Act (ADA). It sounds like your employer has perceived you as disabled and incapable of performing your essential job functions. An employer can refuse to maintain the employment of a disabled person if such continued employment poses a danger to the disabled employee or others. It doesn't sound like your employer has stated to you why it placed you on what sounds like an involuntary medical leave. Your employer is permitted to request a second medical opinion but requiring you to travel 100 miles seems unreasonable. You might want to consider obtaining more information from www.eeoc.gov.

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Answered on 6/09/11, 7:31 am


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