Can my Employer do this to me?
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Can my Employer do this to me?
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My aunt works for walmart. her job has allowed her to call off of work when she starts her cycle. the reason is because she bleeds to much and cant be up for a long time. She has called off as usual and now they told her to bring in a doctors note from now on. along with the doctors note her boss is telling her to take the day off and write an essay on way she wants to continue working for walmart. Can they do this to her? She is asking around and she is 50 years old and has been there for over 5 years that i can remember.
Additional Details
if you are saying that they cant do this please provide a link that i can print out the information stating so. that way i may give it to my aunt so she can give it to her boss.
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paul
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A doctor note; yes. An essay, yes but on their time not hers. Look under Fair Labor Standards Act. It is federal law. Unless she has a contract that specifies otherwise she must do the work provided. But the employer must pay for all work if it is at home or at work.
I wouldn't be surprised if you aunt understood what her boss asked of her. He may have wondered if she really wanted to continue working with all the time off she was taking. It probably also interfered with his scheduling. So I would consider a doctor note on her disability and her considering if she really wanted to work at Wal Mart to be valid request. An Essay would not be. |
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Judy
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Of course they can. For that matter, whether she has a doctor's note or not, they could just fire her for poor attendance.
The essay part is a little weird but not illegal. |
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corgi1922
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The essay is weird but ok (on company time, ie during work). They can require a doctors note. She needs to get FMLA paperwork from HR and take it to her doctor. He can fill out the paperwork allowing intermittent leave for her issue. If it's that bad I'm sure there is a name for it and the doctor will know what to do. |
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plastic_seraphim
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I would think that walmart has the right to fire your aunt because she is not capable of performing her duties anymore because of her extended absences. |
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ladykenmax
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She needs to talk to an attorney that deals with employment laws. Doctor's note, yes. But to write an essay to keep her job?? |
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Tim
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The essay is weird. But they can require a doctors note due to excessive absences.
It is just protection for them if they let someone else go due to absences. The doctors note goes into her file and they must abide by the doctors orders, that's all. |
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