Legal Question in Employment Law in Pennsylvania

return to work conditions

I was out on short term disability for 6 months and went back out again on short term disability after I had returned to work for 3 months.My Dr. released me to go back to work on 9/25/06. The company said they want a independant Dr. to review me to make sure I am able to come back. My company is paying me while I am waiting for a appointment with a independant Dr., meanwhile I am still out of work. Question is: Is this legal? Does the company have the option of not accepting my personal Dr.'s note stating that she released me for work with no restrictions. Please help and advise me as to what my rights are.I was out of work for severe depression and my boss also grabbed me several times when he was angry.I reported him to HR and they took no action against him as he was once a employee in HR and is very popular in the company. When I went back to work after being out the 1st time he was angry that I had reported him and he made my job a living hell. I supervise 13 people, on 2 shifts and in 2 buildings. He constantly harrassed me,took projects I was working on from me and gave them to another supervisor.He repremaned me for sending him a e-mail but I had not sent it.My lead sent it. I am damed if I do and damed if I don't.Thanks


Asked on 10/06/06, 8:50 pm

1 Answer from Attorneys
Matthew Kelly Kelly Law

Re: return to work conditions

lots of questions. Pennsylvania is an at will employment state, which means an employer can do pretty much what they want, short of sexually harass employees or discriminate. if you don't like what your employer requires the law presumes you are free to quit. There are remedies through the unemployment law for those situations (although they are limited and hard to obtain). If they don't let you come back to work you can sue for unemployment.

Grabbing you or touching you is probably both a criminal and civil battery for which you have remedies (civilly, if you can prove how you were damaged).

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Answered on 10/07/06, 8:52 am


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