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Employment Law/Employer does not want me to return


I went out of work 3 months ago on short term disability due to bipolar disorder. I was given the ok to return to work, when I returned they moved me to 1st shift, this was unsettling but still okay. The first day back I was told to catch up on emails and help out where needed. The second day I was a little late due to changing shifts,upon arrival I proceeded to take care of what we discussed the previous day. About three hours later my manager called me to the office. When arriving at the office, my manager was accompanied by the HR manager. We went into the office, they asked if I was okay, I stated that I was just trying to take in all the changes that was made and seeing how I can setup a routine around the job functions to help me stay on track. They both looked at me and said that I looked anxious and nervous. I told them anyone would be nervous returning after being out for 3 months and trying to take in everything. They said they felt like I was not ready to return and aI needed to just go home and contact my doctor for a visit. I feel they are trying to force me to quit or something. They did not give me a chance to get acclimated before basically kicking out again. So I am out on short term disability again waiting to be fired. I don't know if this is discrimination or what. This has not helped my health situation at all. What do I do? Help give me answers. I have been at this company going on 13 years.

I would see your doctor and again get a note saying you are cleared to go back to work. Let work know that you are cleared by your doctor to return to work. If they refuse to return you to your job than you need to contact the Department of Labor and file a complaint under the EEOC for discrimination against an employee with a disability.


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Shirley McAllister, CPP, PHR


I can answer questions about payroll laws and payroll tax laws and Human Resource laws and agencies. I can answer federal payroll and human resource law questions and most states; I do not have a knowledge of the local taxes for cities and counties within the state. If and when I can I will try and send you the website where you can reference the answer and where you can obtain more information as well as a contact number if needed for that particular agency. Some agencies I have worked with are IRS, Department of Labor (federal and state), Revenue Canada (and provincial governments), Inland Revenue, OSHA (0ccupational Safety and Health Administration); Social Security Administration and National Child Support as well as other agencies in Payroll and Human Resources. Some Laws I am particularly familiar with are FLSA (Fair Labor Standards Act), ADA (Americans With Disabilities Act), FMLA (Family Medical Leave Act) COBRA (Consolidated Omnibus Reconciliation Act ) , QDRO's, QMCSO's, and other support orders and garnishments, USERRA (Uniformed Services Employment and Remployment Rights Act,PPA Act (Pension Protection Act of 2006, As well as most other employment type acts. I am also well versed in the Title V Civil Rights Act and the HIPAA (Health Insurance Portability and Accountability Act).


30 years in Payroll and Human Resources

SHRM (Society of Human Resources) APA (American Payroll Association) DOLEA (Department of Labor Employers Association) CPA (Canadian Payroll Association) NAPW (National Association of Professional Women) The Mentoring Network

PHR Certification in Human Resources CPP Certification in Payroll in U.S. Payroll Administrator and Payroll Supervisor certification in Canada

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