need law opinion – is this legal of my hubby’s employer? (he is out on work related injury)?
my hubby is a civil service backed police officer – he is out on a work related injury (torn tendons in pinky finger – sounds minor but his department does not allow light duty) however his supervisors have informed him that he is not allowed to leave his home – even on days he would normally have off – is this legal? (he was originally told he could attend to a fundraising event – just attend- by his supervisor – and while there he was told he had to go home immediately and to stay there until dr. gave ok to go back to work)
one more thing – his department refuses to buy tasers for their officers – he tried to write in his report that his injury was unnecessary and if he would have had a taser – it would not have happened – his sups told him he could not write this into his report? does this sound legal?
he was told he would be written up if he did not go home – for misuse of sick leave (he is actually out on injury leave)
that does make sense that it would be considered personal speculation to add the taser issue to the report.
however WRG – I wouldn’t be writing this if it weren’t true – he is not the first officer this has happened to – actually they did this to another officer at the same event
- they even call your house and do drive-bys to see if officer is home
he needs to talk to his rep with the police union.
this stinks to high heaven.
No, that isn’t legal. He can leave home if he wants to. His department should have someone that handles work related injuries – otherwise call the Workers Compensation Department in your state.
Re the report – he can write whatever he wants – he may suffer retaliation.
That is ridiculous and I find it hard to believe they really told him he can’t leave home. Did you see that in writing somewhere? He can do anything he wants that doesn’t violate the limitations put on him by the doctor treating him.
As for the tasers I also doubt they told him what he could or couldn’t write in an accident report. They may have told him that he isn’t qualified to make the judgment he made but that is a whole different issue.
Something he needs to take up with PBA or the union if he has one. If neither, he can ask for a copy of the written policy which states such restrictions. If there isn’t one, or they make excuses why they can’t provide one, then it’s equally as hard for them to charge any violation of policy against him, too.
Disability is not house arrest.
As for reports, they contain the facts of the situation, not personal speculation about what might have been different in a hypothetical situation.
Adding the Taser opinion was not the right thing to do. A report is based upon facts of the case. That was very inappropriate of him to incorporate into the report. If he has an issue about wanting a TASER he should contact his council or executive management of the city/county where he works.
I can not even comprehend a supervisor stating he can not leave his home for a little finger. Whatever the doctor limitations state in writing his supervisor must adhere to, also your husband.
In regards to the taser. Your husband having a problem with this should have written a letter to his super and union in regards to this not on a report he is writing stating facts of an incident and/or arrest because his feeling of how his injury occurred is opinion not fact