The Occupational Safety and Health Administration (OSHA) ordered Canadian National Railway to pay $2,000 in compensatory damages after it disciplined an employee for following his doctor’s orders.
According to reports, the conductor notified CNR that he was seeing a doctor on October 2, 2013. During the appointment, the doctor told him to take the rest of the day off due to personal illness.
The employee notified his supervisor, but the company still found him in violation of its attendance policy. Management issued a letter of reprimand and tried to penalize the employee in other ways.
“The Federal Railroad Safety Act (FRSA) clearly states that it is illegal to discipline an employee for following doctor's orders,” stated OSHA's acting regional administrator in Kansas City. “Workers should never have to choose between their health and disciplinary action.”
Canadian National Railway also does business in America as Chicago Central and Pacific Railroad. The company was forced to pay the conductor $2,000 in compensatory damages and remove all disciplinary action from his file.
Employers should always put the health of their employees above all else, but many do not. Too many managers place profits above safety, making workers suffer the consequences.
Can I Be Fired for Going to the Doctor?
An employer cannot force you to work against a doctor’s orders. You can fight back but only if you know your rights. To learn more about your legal options and your rights as a worker, contact Larrimer & Larrimer today.
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