Hello all,

We live in NM and my wife works in a hospital cafeteria which is always shorthanded. She has a problem with seizures and has a doctors note stating not to work her over 40 hours a week. They still make her work 9-11 hour days frequently scheduling her or calling her in on her days off. They write her up if she does not comply and threaten dismissal. Yesterday (Saturday) they scheduled her without her knowing on her day off and wrote her us for being late, also they wanted her to work today (Sunday) making 7 days straight working. Tomorow she may lose her job for this. Can her employer do this?

Thanks

Standing alone, a doctor's note has no force in law. The fact that she has a doctor's note does not, in itself, mean that the employer is required to comply. The doctor does not run the company.

She may have some recourse under the Americans with Disabilities Act. She needs to talk to someone in HR or upper management and tell them that she believes she has a condition that qualifies and that she is requesting a reasonable accomodation under the ADA. If she is already under threat of firing, she needs to do this NOW. She shouldn't wait until they approach her; she needs to do this first thing.

A couple of words to the wise; IF she is determined to have a qualifying disability (which is not necessarily certain) she does not get to pick what accomodation she gets, and neither does the doctor. The company is only required to provide an accomodation that works; not the one she wants or the doctor recommends. They also do not need to give her any more time off than another employee would get, or to allow tardiness, UNLESS this is included in the accomodation agreed to. Even ADA protection is not a get out of jail free card. She can't be termed BECAUSE she has a disability, but she can be termed for any reason that a non-disabled employee can be termed for.

Contact EEOC and file charges under ADA. She's got a great case.