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  • Disability leave Indiana

    I have a friend that was placed on disability by her physician and this occurred a few weeks before a scheduled vacation (had been scheduled and paid for for at least 6 months prior) she went on vacation and when she returned the doctor released her from disability. She promptly returned to work and her employer and employees within her office started harassing her about being off for 5 weeks, so they had to cover for her. Does she have any legal standing or not? Please any help would be appreciated.

  • #2
    How were they "harrassing" her?
    I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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    • #3
      Disability Leave

      This morning she went to work and another employee walked into her cubicle and started yelling at her about she did not appreciate that she had to cover for her for 5 weeks while she was gone and she did it loud enought that everyone in the office heard. She has also been pulled into her boss's office and told that everyone is upset that they had to cover for her for 5 weeks while she was gone. Her boss has done nothing to stop other employees from confronting her for being on disability/medical leave.

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      • #4
        Uncomfortable, petty, rude, a bunch of other terms, but I don't see that as being illegal. "Harrassment" has a very specific legal definition, and the boss and coworkers being jerks doesn't meet it.
        I don't respond to Private Messages unless the moderator specifically refers you to me for that purpose. Thank you.

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        • #5
          I'd be upset, too. She was too disabled to go to work, but not too disabled to go on vacation.
          Please no private messages about your situation.

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          • #6
            disability leave

            so there is nothing she can do to stop it.

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            • #7
              You have to ask your friend how she would feel if the situation was reversed.

              I agree with the above... not very nice but not illegal. In a way, it is better to go ahead and "lance the boil" rather than have people grumble behind her back.
              Not everything that makes you mad, sad or uncomfortable is legally actionable.

              I am not now nor ever was an attorney.

              Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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              • #8
                Originally posted by kaseyman1991 View Post
                so there is nothing she can do to stop it.
                What would you have the employer do?

                The employer could make everyone play nice... but that never really works.

                Let's face it.. .your friend knew she was playing fast and loose with the rules here... and while it all may have been approved and legal, it doesn't make it very nice for the other people that have had to miss weekends and dinners with their family while your friend was on vacation.

                This is the dark underbelly of extended disability... that someone else has to do the work without even being asked.
                Not everything that makes you mad, sad or uncomfortable is legally actionable.

                I am not now nor ever was an attorney.

                Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

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                • #9
                  disability leave

                  no one worked overtime or even weekends, they are just mad because they had to actually work for a change.

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                  • #10
                    Originally posted by kaseyman1991 View Post
                    no one worked overtime or even weekends, they are just mad because they had to actually work for a change.
                    Was it illegal for you to make that statement? Is that harrassment?
                    Please no private messages about your situation.

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                    • #11
                      disability leave

                      no more replies needed!!
                      Thanks

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                      • #12
                        Originally posted by kaseyman1991 View Post
                        no one worked overtime or even weekends, they are just mad because they had to actually work for a change.
                        sorry, I have to respond to this.

                        Your friend was gone for over a MONTH... and you don't think her coworkers have a valid reason to by ticked?

                        It is one thing for a person to be sick... we will all join in to help out there... it is another to come back from disability with a tan and a handful of souveniors from your trip to Tahiti.
                        Not everything that makes you mad, sad or uncomfortable is legally actionable.

                        I am not now nor ever was an attorney.

                        Any statements I make are based purely upon my personal experiences and research which may or may not be accurate in a court of law.

                        Comment


                        • #13
                          Originally posted by cyjeff View Post
                          sorry, I have to respond to this.

                          Your friend was gone for over a MONTH... and you don't think her coworkers have a valid reason to by ticked?

                          It is one thing for a person to be sick... we will all join in to help out there... it is another to come back from disability with a tan and a handful of souveniors from your trip to Tahiti.
                          Haha! Good!
                          Please no private messages about your situation.

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                          • #14
                            When you post on a public forum, you don't get to decide when people stop responding. I'm sorry you didn't like the answers you received but we gotta call 'em as we sees 'em.
                            The above answer, whatever it is, assumes that no legally binding and enforceable contract or CBA says otherwise. If it does, then the terms of the contract or CBA apply.

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