Assistance is needed...please!

MsLady

I have an EE that has a bad back (this is a previous condition) He gave us a note from his doctor that said he can not lift more then 20lbs. indefinitely. He was in maintence, and said that the work was getting to be to much for him. His manager then moved him from maintence to janitorial work. The EE is now saying that the janitorial work is getting to be to much work for him now and wants to go back to his previous position in maintence. His manager sent him to the doctor to get a note that state what he can and cannot do. The note reads as follows:

"Has recovered from previous back trouble, is able to return to full previous work/job description."

The maintence position does require alot of lifting and is a very busy department.

What issues should I be looking out for with this? Would we be able to terminate this employee because of his inabilaty to work?

Please let me know if I should post this in a different area. As always, thank you for your time and consideration.

Kari Swenson

Don D

[font size="1" color="#FF0000"]LAST EDITED ON 03-10-03 AT 02:01PM (CST)[/font][p]Based on the wishy-washiness of his (transient?) condition and his doctor's note indicating a miraculous recovery (while the employee still is complaining), I would require a functional capacities evaluation/appraisal from a PT of my choice. This is a comp case just waiting to happen. Set up an appointment asap with a clinic of your chosing and provide them with a full set of job duties including any physical demands information that establishes the job demands. I would not shift him around based on his statements even when accompanied by random remarks from his doctor. You owe it to the company to restrict his return to maintenance unless the new PT/doctor authorizes it. And, I think that his statements about his elusive abilities and the two contradictory statements from the physician give you just the level of doubt you need to have that done. Just my opinion.