Employee Rights Question (employer, work, companies, pay)
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My employer has written up a discipline notice about my performance. Part of the improvement plan they wrote includes requiring me to meet with a psychologist of their choosing. They indicated that they are going to talk with the psychologist to explain their concerns, then I will meet with him, and they will get a report.
It seems my rights are being violated if I am required to see the psychologist. The performance issues are general disatisfaction with my work, there are no psychological or medical issues that have been brought up.
Can they legally require me to take this step?
Actually on second thought, I don't think anyone can really force you to see a mental health provider, unless it's a court of law, and even then it is very difficult and someone would have to prove that a person is a danger to themselves or others.
To my knowledge, they cannot force you to see a psychologist without your consent. They should have you sign off on it as a method to find a resolution to your misconduct. If you are not willing to work with them through this process, they will likely fire you.
If the company suspects that your performance issues may be based on a disability, substance abuse, family issues, or any other issue with the definition to be explained and they are diung this under some form of recognized Employee Assistance or similar Program it may be their way of injecting some protection for you. Its a difficult subject because most companies require YOU take the first step and if in fact its verified, you must bring it to them and ask for consideration. But, there are some companies that will preempt all the processes to ensure employees are given the benefit of the doubt. You best know if your company is regular or special in how they care about employees. Of course, this may be some big bad no-way is it legal for the reasons they are doing it. That means, you need to seek competent legal advice from a lawyer who specializes in thee matters.
What does your Personnel Policies Manual(employee handbook) say about it? The infraction must be a little bit more serious than you imply for it to get to the level of seeing a Psychologist about it.
They can't force you...but they can fire you if you don't go. You don't have a right to keep your job. An employer can't fire you because of age, race, national origin, religion, sex, veteran status, familial status, but other than that, they have every right to fire you for any reason they want.
If they want you to see a psychologist and they will pay for it, they can let you go if you don't agree.
They can't force you...but they can fire you if you don't go. You don't have a right to keep your job. An employer can't fire you because of age, race, national origin, religion, sex, veteran status, familial status, but other than that, they have every right to fire you for any reason they want.
If they want you to see a psychologist and they will pay for it, they can let you go if you don't agree.
NO WAY!! Your medical history is yours, not theirs. They can't require you to go to a Dr, and also require you to release your medical information. that why the military has their own Drs and people on staff to do that to the enlisted. Private workplace does not have the authority to demand that as part of your continued employment. Even the Police dept only recommends after a shooting, and then, the psychologist can only give an all clear, or didn't participate in sessions. HIPPA laws?? ever heard of them?
What about HIPPA? Doesn't this psychologist have to maintain doctor/patient confidentiality if the patient doesn't authorize providing the information? I would let them make the appointment and the first thing you cover is maintaining your confidentiality and maybe it ends there. Some employers require you to pass a physical to be hired; this may not be any different.
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