Legal Question in Employment Law in New York

sent home from work

looking for advice on the following matter, I had a non work related injuring (twist ankle)and was unable to work for three day. When I return to work on monday I had a doctor note to return to work, and I was using a cane for support. The cane did not limit my abilities to perform my duties and worked my shift on monday. On tuesday my boss saw the cane and informed me that I could not work with the cane. He informed me that if I left the cane in the office I could stay and work. I informed him that I was still have some pain in my ankle and heel and felt it best to work with the cane but i was able to stay and perform all my duties.

At this point he called HR and was told to send me home. Then I was told to call HR the next day to see if I would be permitted to work.

I call HR but never got a response, so I call my boss and he told me that I could come in to work if I have my doctor note but not with the cane. I asked him if I come to work with a limp and the doctor note i can work but if I come in with the doctor note and the cane i can not. He say that is correct. Does this make any sense can my employer do this.

My state that


Asked on 1/26/06, 1:15 pm

1 Answer from Attorneys
Stephen Loeb Law Office of Stephen R. Loeb

Re: sent home from work

It really depends on what the job is. Your employer may be looking to limit his liability should you get hurt on the job again, but I would need to know more facts to give you an intelligent reply.

Should you like to discuss this or any other legal matter, you can e-mail me for more information about low cost face-to-face, on-line, or a telephone consultation with a lawyer in our office.

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Answered on 1/30/06, 11:59 am


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