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Q. One of our employees who is out on workers’ comp isn’t following the treatment prescribed by the workers’ comp doctor. She fails to attend physical therapy as prescribed. She says she’s still in pain and can’t return. Our conduct policy sets progressive discipline based on different offenses. Can the failure to abide by the doctor’s orders be included as a violation?
Retaliation for filing an EEOC or other complaint is anything that would dissuade a reasonable employee from complaining in the first place. But what if the employer does something that most reasonable people would consider favorable?