If employees refuse to give you medical information that you request to determine their eligibility to return to work, they cannot sue you under the ADA. The case: An injured employee did not allow her doctor to release medical information to her employer for fear she would be placed on medical leave against her wishes. For failing to divulge her medical data, she was fired. She then filed an ADA suit. The court deemed the employer’s request for medical information reasonable, and her refusal to provide it precluded her from arguing that her employer violated the ADA. (Templeton v. Neodata Services Inc., No. 98-1106, 10th Cir., 1998)
Even one payroll mistake can damage your standing in the office — and possibly your career. It’s important to spot the holes in your employee pay compliance before the feds or state agencies do....Click here to find out more.