Can my boss mandatethat Igo to the doctor for a condition not effecting my job?

UPDATED: Mar 27, 2011

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Can my boss mandatethat Igo to the doctor for a condition not effecting my job?

I have bad allergies to dust and stuff like that so it give me the sniffles, my boss gets annoyed at my sniffles and is trying to mandate that I go see the doctor and ask him about my sinuses. Is it legal for him to tell me I have to go to the doctor for a condition I already know about just because he is annoyed?

Asked on March 27, 2011 under Employment Labor Law, Maryland


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

An employer cannot force an employee to see a doctor.  However, an employer can fire an employee for not doing so. The reason is that most employment relationships are what is known as "at will".  This means that basically an employee can work for an employer or not, their choice.  In turn, an employer can hire or fire an employee for any reason or no reason at all. whatsoever (or no reason at all).  Therefore, while your boss can not mandate a doctor's visit it could terminate your employment for not doing so.  Therefore, as a practical matter, you may just want to make an appointment and go if you want to keep your job.

Note:  The exceptions to this (i.e. your employer being allowed to terminate you) would be if there is an union/employment agreement to the contrary, or this action is against company policy, or workplace discrimination is a factor.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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