Wooster, OH asked in Employment Law for Ohio

Q: Can an employer of an hourly employee contact an employees doctor in order to dictate or change a doctors slip?

Hourly employee has an added break for stress management. Leadman and company nurse having a pissung contest about smoking while on said break. Company called Dr to modify Dr note to include break is not meant for smoking. I understand its a minor thing, but what if?

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2 Lawyer Answers
Neil Klingshirn
Neil Klingshirn
PREMIUM
Answered
  • Independence, OH
  • Licensed in Ohio

A: The Americans with Disabilities Act and the Family and Medical Leave Act restrict an employer's access to employee medical records and information from the employee's treatment providers. As a result, employers are generally limited to seeking clarifications of a doctor's orders. Employers should not be able to intervene in the order, change it or dictate restrictions. In addition, under Ohio common law, an employer that induces a doctor to disclose an employee's medical information may be liable to the employee for invading the employee's privacy.

James J. Hux
James J. Hux
Answered
  • Cleveland Heights, OH
  • Licensed in Ohio

A: This is an interesting issue, but it sounds like the employer's conduct is inappropriate. Any attorney would need more detail to fully analyze the issue. Some employment law attorneys offer a free initial consultation.

Attorney James J. Hux

Hux Law Firm, LLC

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