CDL driver put off work bc of disability then brought back without doctors release?

Discussion in 'Trucking Industry Regulations' started by Saddlebum, Apr 28, 2011.

  1. Saddlebum

    Saddlebum Bobtail Member

    4
    0
    Apr 28, 2011
    Traverse City, Michigan
    0
    I'm wondering if this is legal? They put me off work when I asked for accommodation through the Americans with Disability Act for a physical condition that was diagnosis in 2008. They could easily accommodate me and their doctor said initially, that I was able to do my job driving but must be allowed 15 min. breaks when needed while standing. It comprises 5% or less of my duties (standing or walking). They asked for a re-review from their doctor who then said I couldn't do any part of my job. When all my benefits (sick, personal, vacation and all accrued sick time) were used up they brought me back to work for no other reason other than my benefits were gone. I don't believe they got a doctors release for me to return to work. Is this legal? Illegal? I live and work strictly in Michigan.

    I had a lawyer on board who was on contigency as I would have been out income if they had not brought me back to work. The lawyer dropped me when they called me back bc now, there is no money it it, just hoping EECO will investigate and return to me all my benefits which total more than $3,000. Thanks all.
     
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Kansas

    Kansas Road Train Member

    2,541
    2,585
    Apr 14, 2009
    aircap, Ks.
    0
    I have no idea if its legal, but i would say your lucky to have a job...
     
  4. truckerdad57

    truckerdad57 Light Load Member

    215
    92
    Nov 29, 2008
    Batavia, IL
    0
    You need to file a complaint with the EEOC. It can be done on-line. There are time limits on how long you have to file a complaint.
     
  5. Broken Spoke

    Broken Spoke Medium Load Member

    570
    173
    Mar 22, 2010
    Tucson Arizona
    0
    We have a driver at my company that has no legs but still is a driver full time! The company supports him and his disability 100%.
     
  6. CondoCruiser

    CondoCruiser The Legend

    19,726
    18,734
    Apr 18, 2010
    Tennessee
    0
    First, I wouldn't trust any judgement by any company doctor. He favors the one that feeds his mouth. If you're disabled, what does your own doctor say? What does the DOT physical say?

    You exhausted your benefits and now want them returned?? You intially wanted to be accomodated at work and now you're upset they brought you back to work??
    A little confused on your post.

    Like Kansas said, you are lucky to have a job. After 12 weeks of medical leave you are open to be terminated with no recourse.
     
  7. delta5

    delta5 Road Train Member

    1,193
    7,404
    Sep 9, 2010
    Ohio
    0
    Maybe someone in the legal dept figured out that they screwed up and opened themselves up to a big lawsuit?
     
  8. whosedog

    whosedog Medium Load Member

    626
    213
    Mar 18, 2009
    fair lawn nj
    0

    If a doctor didn't sign a release they are opening themselves up to a lawsuit. What I don't get is why did you have to use up your own sick and vacation time? Where I work guys, injured on the job have to see the workman's comp doctor;then if unable to work,they are paid by the workman's comp insurance carrier.They never have to use up their own days and I know for a fact that many claims are for injuries not incurred at work. They make up a story and claim that it happened at work when in fact they did it at home or working a side job.Their co workers know the truth but nobody snitches;(hear no,see no speak no evil)The insurance companies never really check the claim so it happens more often. I wouldn't want to be the snitch because they have ways of dealing with rats here in NJ.
     
  9. ronin

    ronin Road Train Member

    2,928
    1,710
    Jul 22, 2008
    San Antonio, Texas
    0
    "their doctor who then said I couldn't do any part of my job"

    THERE is yuor release.
     
  10. Saddlebum

    Saddlebum Bobtail Member

    4
    0
    Apr 28, 2011
    Traverse City, Michigan
    0
    I had to use up my benefits bc they sent me a letter the following Monday after they put me off work which stated "You must use your benefits and then you may ask for a leave of absence..."

    The word 'must' made me feel as if I had no choice.

    I did not get injured at work. This was a condition which was diagnosised in 2008 and I was seeing two foot specialists and it was not job related althought with the rule change 5/27/10, requiring me to remain standing, put me in a position of not being able to do that portion of my job which amounts to less than 5% of my total duties. So I asked for accommodation, not a medical leave of absence.

    I'm wondering if, bc they put me off work due to a doctors statement, is it legal to bring me back to work without one? What are the consequences to them, to me, if it is illegal?

    I did file an EEOC claim and on time. EEOC sent me paper work to be notorized and one of the forms was for non-binding mediation, strictly voluntary which I signed and sent back. My employer did not agree to mediation and now, I'm facing having to pay for litigation myself (thousands of dollars) or, pray EEOC prosecutes which is a 50-50 chance.

    I'm in the dark as to what is going to happen but I do know EEOC is backlogged and time frame for action is 3 months or a year or more. So, I'm trying to get all my ducks in a row.

    Thanks all for your time.
     
  11. rjmcgee

    rjmcgee Light Load Member

    121
    74
    Feb 23, 2008
    Klamath Falls, OR
    0
    Doesn't sound like it holds you back from working much, why not just keep driving?
     
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.