Saturday, July 31, 2010

Legal advice for possible employer breach of contract?

My wife works in the mental health field. She was hospitalized and missed work for a bit. She returned and her employer said if she worked in a different capacity (half salary position) and for a month without missing any days she would be reinstated back to her old position. She transports DD clients to the pharmacy, stores, doctors, etc. Last week in the late afternoon, a client assaulted her during transport. The next morning she reported it and the company had the client commited involuntarily and told my wife to go to the hospital. She had finger marks on her neck for 4 days and a bruised wind pipe, but otherwise ok. The office told her she could no longer transport clients (odd since everyone does) and to be at a meeting last monday. That meeting was postponed until today. Today she was suspended until she underwent a psychological screening and that after that she may return but the job she was to have reinstated was off the table.Legal advice for possible employer breach of contract?
I see no breach of contract, unless your wife has a specific employment contract with this employer. However, the employer clearly violated your wife's privacy rights by letting everyone know that she was seeing a psychologist. This information should remain confidential, between your wife's boss, your wife, and anyone that has an immediate need to know (which the vast majority of the people in the meeting do not have a need to know).Legal advice for possible employer breach of contract?
First, who or what organization does she work for? Is there a contract? written? oral? What is her psychological condition? How long has she been on the job? Does the company or organization have a personnel manual? Human Resources?


Does her psychological condition prevent her from fulfilling certain duties...


Does her company/organization provide insurance for her? If not, who paid for her hospiotal visit?


these are just a few of the questions you would have to be prepared to answer if you saw a lawyer...which you will not find here in this forum. No lawyer today...is willing to give free advice.


here you will find suggestions only.


(btw who was at the meeting? Apparently the employer is aware of her psychological condition. )





see what I mean. These are suggestions! The next poster is incorrect. There are indeed contracts that can be referred to as ';oral contracts';.....otherwise known as a ';verbal contract'; but the questions above need to be answered.





best advice? See a real lawyer.
Breach of which contract? You didn't mention any contract. Verbal statements are not contracts.

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