Forums

L & I Quandry
Legal Forum
L & I Quandry
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
We have an EE at one of our properties that started in one position with our company, moved into another and we are now asking her to move back into the previous position. (It is not due to poor perfo
0
Cat:Topic ForumsForum:ForumId54
Cat:Topic ForumsForum:ForumId54Discussion:DiscussionId17470

Forums » Topic Forums » Legal Forum » L & I Quandry

You must be logged in to contribute. Log in | Register
 
Forums  »  Topic Forums  »  Legal Forum  »  L & I Quandry

L & I Quandry

posted at 7/29/1999 1:32 AM EDT
Posts: 27
First: 6/15/1999
Last: 1/30/2006
We have an EE at one of our properties that started in one position with our company, moved into another and we are now asking her to move back into the previous position. (It is not due to poor performance, it is a result of reduction to her current position) Her response to this was that if we move her back to that position she will file an L&I Claim for carpal tunnel syndrome immediately and ask to have surgery performed. This is the first we have ever heard of her having this illness and she says she developed it on the previous job. What can we legally do to evaluate this or are we stuck with the claim????? Thank you for your help!

L & I Quandry

posted at 7/30/1999 1:34 AM EDT
Posts: 2217
First: 6/16/1999
Last: 12/13/2001
To the extent your employee seeks FMLA leave, you are allowed to request medical certification (unless you've somehow waived that right by your FMLA policies). Her admission (I hope its documented) that she developed her carpal tunnel "on the previous job" should help you defend any workers' compensation claim she may file.

What may be intriguing here is the past relationship, specifically her transfer (demotion?) due to a position elimination, and the relationship, if any, between the past and her present demand. Is she seeking something in exchange for perceived unfair treatment? Is there more here than you have posted?

L & I Quandry

posted at 7/30/1999 2:17 AM EDT
Posts: 27
First: 6/15/1999
Last: 1/30/2006
No, everything I noted was exactly the way it happened. In the event she seeks FMLA I will then request the medical certification and follow through with the documentation of her syndrome. Thanks for the help.

Forums » Topic Forums » Legal Forum » L & I Quandry

Stay Connected

Join our community for unlimited access to the latest tips, news and information in the HR world.

HR Jobs
View All Job Listings

Search