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    Saturday, November 7, 2020

    Legal Advice [Colorado] Injured at work, receiving workman's comp. Employer says I can no longer say "no" to cover other people's shifts, making me miss my physical therapy appointments.

    Legal Advice [Colorado] Injured at work, receiving workman's comp. Employer says I can no longer say "no" to cover other people's shifts, making me miss my physical therapy appointments.


    [Colorado] Injured at work, receiving workman's comp. Employer says I can no longer say "no" to cover other people's shifts, making me miss my physical therapy appointments.

    Posted: 07 Nov 2020 09:37 AM PST

    hello, I'm working in Colorado as a shift lead for a restaurant. I was recently injured at my workplace and am going to physical therapy appointments with workman's compensation.

    I try to schedule my appointments around my days off or after work so that I can actually go to them, but my work tells me now that I can no longer say "no" to come into work on my days off to cover other people's shifts when they call off. this means that I am missing my workman's comp physical therapy appointments. my boss says that because other employees do not wish or cannot cover shifts, leaving me as the last option, I am forced to say "yes" to come into work, and cancel/miss my appointments.

    is there any sort of rule that says doctor appointments for workman's comp are a priority? or is there a rule saying that I have a right to say "no, I can't cover this person's shift because I have a workman's comp doctor appointment today" and not face retailiatory action?

    Thanks.

    edit: fixed ambigious wording. hope the reddit downtime didn't kill any chance for advice haha

    submitted by /u/vekhna
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    Is there a way for me to get custody of my little brother? I'm 19, he's 12. I don't know what to do.

    Posted: 06 Nov 2020 07:08 PM PST

    I've never posted to reddit before but I've seen some screenshots on twitter of people getting advice here and I figured I could make an account and try cause I don't really have anywhere else to look for guidance. I want to know if it's possible for me to get custody of my younger brother or to be otherwise legally seen as his sole guardian?Information that could be helpful maybe? We live in Kansas. Our parents divorced while my older brother was dying (in 2012) and we used to stay with deadbeat dad every other week then only on weekends, then gradually he stopped being in our lives at all. I haven't spoken to him or seen him since I was 17, he's on drugs and wouldn't hold a job and stopped being a father to me and my little brother. Within the last year, I don't know if my mom is on drugs now as well or dating someone else, but she just has never been around. She lost interest in being a mother since my older brother died, both my parents were never the same after that but it's messed up to what extent they neglect my little brother. We've been staying with my best friend, his mom, and grandfather since March. We went "home" to my mom's house the 1st of November (5 days ago) and she hasn't been in the house in a long time. Months went by this year where I did not hear from her at all. She never checked in to see if he was okay.

    It's always been me taking care of my little brother, even before this year, she was always more interested in church than us. I made meals, took care of the house, make sure he was safe, take him to school and everything a "parent" should do and I would NEVER leave him alone. I bring him everywhere with me. When he has homework, sports teams, school plays etc I'm the one who helps, goes, makes the costume, whatever. Basically, I'm worried if something happens to him like god forbid he gets sick or injured, that someone will tell me I am not his legal guardian and say he has to stay with our mother who wants nothing to do with us. Is there a way I could get legal custody of him? He likes living with me and we are looking for our own apartment. My best friend and I both work and have both graduated. My brother is still in elementary school. I don't have any other family. Would my mom have to sign something to give up her rights? Do I go to family court? Basically I'm desperate for him to not be neglected and I want him to be with us cause we actually love and take care of him. Any advice would help. I don't know where to turn.

    Edit: I'm sorry I can't respond to anyone's comments since they're locked but thank you to everyone who gave advice and to the people who are messaging me with encouragement, thank you too. To answer a question someone asked, I don't have any extended family. It's my little brother and me, that's it, that's why we've been staying with my best friend's mom and grandfather. Also to the people speculating about what's "wrong" with my mom/parents...that's not really the point, and it's kinda rude of you. I just want to take care of my little brother. I don't need y'all playing House M.D. Just some support and advice. Again, thank you so much to everyone else for their kindness.

    Edit again cause I forgot to say this: No, I can't go to mother's church for help. 1. They had been closed due to the pandemic, 2. Their "community" has literally never reached out to help us ever so we have no interest in going back.

    submitted by /u/courtneydespise
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    Apartment building has essentially banned mail and package deliveries

    Posted: 07 Nov 2020 11:23 AM PST

    Recently, I noticed mail and packages have not been arriving at my apartment building. Packages are marked "delivered" but are nowhere to be found.

    I investigated and found a sign on the front door that alerts mail and package carriers that they cannot leave anything in the building's lobby, even though that's where our mail room is. The sign also says that all mail is now the "Tenants' responsibility."

    Apparently, carriers are now leaving packages outside. This building is in the Bronx on a very busy street, so of course these packages are stolen very quickly.

    With Covid numbers booming, I rely on deliveries to stay safe. Is this legal? Is there something I can do to fight back?

    submitted by /u/Merrrlo
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    My wife told me she would study abroad and took the kids

    Posted: 07 Nov 2020 07:38 AM PST

    Hello,

    My wife told me she would study abroad and wanted the kids to come with her. She said she would return after 8 months. 4 months later I received a letter from the court regarding a child support case. I called up my wife and she said she wanted a divorce. Apparently she has spoken to a lawyer in her home country before she left the US, and never told me about it. She has gone to her country and asked for child support, which claim they have sent to my state in the US and now claiming me for child support.

    I am both lost for words and do not understand why this has happened other than that my wife told me she could not deal with me anymore.

    Does this case fall under the laws for international child abduction, and what kind of attorney do I need in order to solve this?

    submitted by /u/YeMRSNhnUw
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    (USA) Booked a vacation rental for 4 days in summer 2021. Rental agency now says owner is switching to week long rentals and if we don’t cancel or reschedule, we lose our deposit.

    Posted: 07 Nov 2020 09:08 AM PST

    I booked a vacation rental originally for 4 days in May 2020 but rescheduled to June 2021 because of Covid. I had put down $2000 and the owner agreed to either refund 50% if we cancelled, or apply the deposit to a later date if we rescheduled. We picked the latter option and thought we were all good until this week when we get an email stating the owner is switching to week long rental periods in 2021 and we either need to cancel and receive a refund, or reschedule for a week and pay the difference. The email specifically says

    "If you do not notify our office concerning your credit within 7 days of this email, you will lose it with no refund issued and the home will be opened to the public."

    This was last Monday. Every day since then my wife and I have called/emailed the office and nobody has answered or returned our calls. It's not possible to go there because it's out of state. I assume they can bump us and cancel our stay, but can they just ignore us then cancel our listing and keep our money? Especially after we've tried to contact them everyday?

    submitted by /u/Friendly_Jackal
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    [Oregon] I was a victim of domestic violence and handed in a lease break letter with a police report to be removed from my apartment lease. 4 months later, I find that I'm still on the lease, they refuse to remove me, and my ex got a lease violation. How can I keep this from affecting me?

    Posted: 07 Nov 2020 12:48 PM PST

    My ex and I lived together before he became physically abusive. Per Oregon law, I obtained a lease break letter from a domestic violence agency and attached a police report outlining the abuse. I handed it to the front desk, they told me I was legally free to go, and I found an apartment with a private landlord. I kept receiving e-mails from the property despite unsubscribing from their mailing lists, so I called last month to see why. It turns out I was still on the lease. I asked why, since my lease break letter legally removes me from the lease and its obligations. I was then told I was removed. Cool.

    I called back this month in response to a text about a lease violation - my ex was smoking on the stairs and it's now on our record. I asked why I was still on the lease when I was previously told I was removed. It was confirmed that I was still there, and was told I was removed again. Cool.

    Yesterday, I got an e-mail about a $1,165 balance on my account, so I called and talked to the new manager. My name is STILL on the lease! I was also informed of the lease violation, and asked him if he understood how that could impact me getting into housing in the future. He told me the violation was specifically under my ex's name and not mine, but given to our unit. So I asked him if he would then tell landlords who asked that I had a lease violation, to which he said "we would tell them that there was a violation in your unit, not that it was you specifically." I told him that was unacceptable since landlords don't have any way to know it wasn't me, nor will they ask - that phrase makes me look like I participated in the violation. I also asked why my name is on the lease after giving in the letter, and he told me that no one is authorized to remove my name from the lease. He acknowledged that while they lost my documents, there's a record of me handing them in and despite that, my name and account will remain associated with that rental until my ex's lease is over. Even though the letter is dated for July 2020, my tenancy officially continues to run and that's what he would tell future landlords, that my lease doesn't end until August 2021. It would clearly look like I'm trying to break a lease illegally. He also told me that while it's likely a clerical error, he simply does not care to fix it as he doesn't have the time.

    Management at this property changes often enough where a new manager can see my account and not understand that I no longer live there, that the violation has nothing to do with me, and that I handed in a legally binding letter to be removed. By the time it's time to look for new housing, a potential landlord could call someone even less aware who could ruin my chances of me having a place to live. It's VERY hard to rent in this area - even people making 3x the rent with a decade of rental experience get rejected for petty reasons. So whatever the reason for me not being removed from this lease has the potential to make me homeless in the future.

    Is there anything further I can do to protect my rental history and be released from obligations to this property? I have a new copy of the police report, but the domestic violence agency hasn't returned my calls or voicemails, no e-mail address. I don't even know if they save these letters on their computer.

    EDIT: I did send a sternly-worded e-mail to the property asking them to confirm in writing the date I handed in my letter, the date of the lease violation, and the language they'd use to describe lease violations associated with me.

    submitted by /u/NaturalDeselection
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    Failed vasectomy advice

    Posted: 07 Nov 2020 09:44 AM PST

    Last year I had a vasectomy. This was a no needle no scalpel procedure in which both side would have a metal clip and cauterized. The day I had it done he mentioned that it was a little tougher than he expected but everything went fine. I went back three months later and had a sample check and got the all clear. Fast forward 11 months later and my wife is pregnant. I went today and sure enough my vasectomy has failed. He told me looking back through his notes one side was harder to get to and he had to do it a different way in which there is a 1/200-400 failure rate. He did not tell me this they day I had my procedure. Had I know I would have been more cautious and would have had regular check ups. Does anyone with a legal background in malpractice know if this would be worth talking to a lawyer about ?

    submitted by /u/ms3guy1986
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    A customer is suing me

    Posted: 07 Nov 2020 06:33 AM PST

    Last year when I was working for a big box retailer in Missouri, I had a run in with one of my associates and her mother. The mother is suing me on the grounds that she felt in danger and that I treated her in a racist manner (I did not. I swear I did not. I would never.) The retailer I worked for sent in a lawyer to take a statement from me and several others who witnessed our interaction. Cut to a year later, I've moved halfway across the country, switched jobs and lived through the 2020 election and I get a letter from a new lawyer stating that he is representing the retailer and I and he wants to talk. Am I in trouble? I don't know what any of this is. They had it removed to federal court.

    submitted by /u/ericauh
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    Am I legally not allowed to keep my kids from my parents?

    Posted: 07 Nov 2020 04:01 AM PST

    Warning: abuse topic Backstory: So I live in Canada to start off with. My parents have been very abusive with me since childhood. Mostly verbal but sometimes dad would hit me of throw things at me, he even kept me from medical help that I needed as a child, resulting in me not being able to properly walk. Anyways, as a kid there was a huge trial in which my parents were found not guilty to abuse. This happened when my older siblings were around 10 and I was four, I didn't know better at the time. Fast forward to about four years ago when I was 20. I had enough of the constant insults and yelling for no reason (I'd drop a pen and I'd get called useless and other things, this would go on for hours.) It got to the point where I had sever depression and anxiety, and was thinking things I am not proud of. So as an adult I made the decision to leave, I moved in with my boyfriend and his parents. This created a falling out with my parent of course because they lost control. I ended up being diagnosed with sever ptsd from the abuse and had to go through alot of theropy to get to a point where if someone yelled at me at work I wouldn't break into a panic attack.

    So I gave birth to my son two years latter. I made the choice to give my parents a chance, as I was told by family friends that my father had been going to theropy for his own metal problems and have gotten better. So I called them up and we started visits, always with me there. We live two hours apart so we would always spend a night there. However I started to see things have not changed. My father would yell at my son just for playing with toys too loud and at me for "not listening to him" as I was trying to mix up his formula. No name calling but still......I would always yell back at him and he'd shut right up. So with covid we haven't met up with my parents for over 8 months. And thanksgiving came around. Restrictions were eased where I live as we have next to no cases. So I messaged mom and asked if she wanted to get together for Thanksgiving. She told me no, that she'd rather be with friends on that day. I wouldn't be upset except that she hasnt stopped seeing these friends ever since the virus started, yet haven't seen us.

    So anyways at this point I had had enough. There was so much more they had done and I got tired of giving them chances. So I said enough is enough. They haven't changed one bit and put friends over family. I don't need this as I have another child now on the way and my little guy is almost two now and doesn't even remember his grandparents and really doesn't deserve this treatment. So I told her as much.

    I get a call from my mother a week latter, blowing up at me about "how dare I keep her from her babies". And that she apparently has legal rights to see her grandchildren? I never heard of a law like this in Canada and can't find anything online. But she says that if I don't let her see my kids then she'll take me to court. If this happens how do I fight it? They are so abusive, controlling, and manipulative. My children do not deserve to be treated the way I was as a child. I have old family friends who have had enough of my parents and witnessed the abuse I went through as a kid who could testify. But I don't even know what my legal options are. I can't afford a lawyer so I feel defeated. ....

    submitted by /u/sadandhungry18
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    A business owner is making my life miserable because I wrote a negative review on their Google review page. That's got to be illegal, right?

    Posted: 07 Nov 2020 07:42 AM PST

    So before the pandemic, I was enrolled with a life coach. I found her services inadequate for a lot of reasons. So recently I went onto the businesses review page and wrote a brief 1 star review of why I didn't like it. She called my mom, crying about how I'm harassing her and destroying her business and her family, and she has done this several times since. She's basically poisoned my mom against me, and since I still live at home, this has made my life hell. My mom is under the impression that I went out of my way to slander her online when really I just wrote a short negative yelp review. My mom has this attitude of "if you don't have anything nice to say, don't say anything at all." But that's not how reviews work, and reviews, positive or negative, give potential customers useful information. I know other people who used her service and feel the same way. The business owner has told my mom that she's thinking of suing me over this, first it was defamation, then a cease and desist. This is ridiculous, all I said was "I didn't really feel like she listened to me very much. 1/5 do not recommend." If she didn't push the issue, that would have been it. She's harassing me because she doesn't like the negative feedback, even if it's honest. It makes me wonder if she does this with everyone who gives her a bad review. If so, that would be an unethical business strategy, right?

    Honestly, I just want her to back off. Does anyone have any advice? I'm in Virginia.

    submitted by /u/darkLordSantaClaus
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    60 day notice given to housemates now they are destroying my home.

    Posted: 07 Nov 2020 12:51 PM PST

    I gave 60 day notice to my housemates. At first it was one woman and her son. She moved in a total of 6 people and one is pregnant. They put locks on their doors, and keep telling me to leave. They have refrigerators in their rooms not to mention 3 wide screen tv's.The noise is from 6am til 3am. I have cancer and am too weak to do much. I was told I could give them 3-day notice to move, 30 days or 60 days. I opted for 60 to give them time. I am in CA. This was a huge mistake! Is there anything I can do?

    submitted by /u/OCBEAST
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    [CA] I found out where all my stuff is.

    Posted: 07 Nov 2020 08:53 AM PST

    What should I do? So yesterday I posted about my fiancè leaving me. I was logging into my social media accounts to change all my passwords and came accross some info where she took the things she stole from me and storage unit where my stuff is at most liky. She's living with her Grandma but my stuff is in storage. What should I do?

    submitted by /u/ghostparasites
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    My professor violated FERPA?

    Posted: 07 Nov 2020 11:29 AM PST

    Regardless of advice, I plan to bring this up to my program's director. Was just curious if my classmates and I were making a big deal out of nothing. I take two classes with a certain professor. Each class she uses a sheet of paper we initial each day for attendance. This last week however, our midterm grades were written right next to our names? My classmates are pretty upset about it. I'm in an education program so we were taught that this was a big no no, especially in elementary ed. Is this a violation of FERPA? And should we be doing something more? And this is in the US.

    submitted by /u/pholivia193
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    Can I do anything about a check of mine cashed around a year and a half later?

    Posted: 07 Nov 2020 12:07 PM PST

    Edit: This is in New York

    First of all tell me if this is in the wrong place. /personalfinance had a rule against 'legal advice' and after some thought it felt like this belonged here more than there.

    Around a year and a half ago I lived in a different place and wrote my last check for rent before a move. The last check was different because my landlord had just informed me of a change in how billing was handled (essentially I was mailing my check to a different location).

    I followed the new rules but after repeatedly checking each day realized my check wasnt being cashed. I was moving for some stressful reasons and had a lot on my plate so I never called them about it. For a long time I just made sure I had enough money in my account to cover it, but then 2020 happened and needless to say the cashed eventually went to other important places.

    I woke up to this check being randomly cashed nearly a year and a half later and it sent my bank account in the negative. I googled a bit and it seems to say after a year a check becomes stale and banks usually wont honor it. Is there any way I can contest this check and get my balance restored?

    submitted by /u/Not_Chrus
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    My mother wants to legalize her business with my name, while she owns another one which is legalized and in debt. City hall workers usually come to collect approximately three years of debt and counting. I don't want the new business debt to be in my name. I told her so and she called me stupid.

    Posted: 07 Nov 2020 12:04 PM PST

    My mother (49yo) has had a business for nearly 7 years, for the first years everything was fine and my family was debt free until the sales went down. She stopped paying town hall fees and accumulated debt for approximately 6 000 dollars. We live in a third world country which has had lots of economic crisis and there is no way she will be able to pay her debt in the next 5 - 10 years, having in consideration that her business gives us minimum income.

    I recently turned 18 and still live with my parents while going to college, they have pushed me so hard to get a job and I am trying to get one, but with no experience in my career, I guess I'll end up working in a supermarket or babysitting (which is also hard because the unemployment rate in my country is really high.

    She tried so hard to convince me, she even said that this would bring me multiple benefits, such as acquiring a visa to the United States. I told her that when I applied for that visa, I would do so by verifying that I am a student, have bank accounts in my current country and a stable job, if that is the case. She then called me stupid for not accepting her offer and said that many other people would like to have this opportunity.

    I don't want my name in her new business, I know she won't be able to pay these additional fees, I don't want town hall workers searching for me or calling me every month. If I get a job, I'm planning on getting a loan for a cheap car to drive myself to college because of streets risk and public transport.

    Even if I get a debt for my own needs, I'll make sure to make a plan and pay it as soon as possible, because I know how debt can damage you, our own family is living it.

    Am I being unreasonable? What should I do if she does it anyway? Is there a way to protect myself?

    submitted by /u/notrocketscience__
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    New Jersey: Am I responsible for medical bills from when I was a minor?

    Posted: 07 Nov 2020 10:09 AM PST

    So when I was 15 I went to the dentist with my mom. We payed a copay with insurance, but I guess there was still some left over payments due from filling cavities. I am now 22 and receiving the bill from this office. I guess my parents never paid them. I was wondering since I was a minor at the time and my parents were responsible for my medical bills at the time, am I legally responsible for this bill? I never agreed to pay it, my parents did.

    submitted by /u/KidSalsaa
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    Am I obligated to give someone's rent deposit back after they took 4 months to return the keys?

    Posted: 07 Nov 2020 12:00 PM PST

    So I am not a landlord, I rent this house from an actual land lord and sublease to roommates. About 4 months ago one of my roommates asked to move out and I said sure no problem, give me 30 days, the keys, a quick inspection of the house and you should be good to go. Everything was okay but he left without giving his keys, he said he would drop them off eventually but that turned out to be 4 months, I contacted the actual landlord and we compromised that we would get the locks changed with the money from the deposits. Fine whatever. Now he's back with his old keys asking for his deposit. I'm tempted to block his number and go about my day. Is this legal?

    submitted by /u/TrickySquid
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    Roommate Claims To Have Broken Joint Lease, Claims I Need To Redo Lease On My Own & There Is A 30 Day Pay Or Quit Notice

    Posted: 07 Nov 2020 12:56 PM PST

    Made a post awhile back about my situation. Tried to talk to my roommate as most suggested & no deal was satisfaction to both of us. She's claimed to have got out or broken her end of the lease today. Not super clear on what exactly she did or didn't do as this just got told to me & I'm still at work unable to find out what exactly is going on. And she's saying the landlord wants me to redo my end of the lease on my own now.

    There was also a 30 day pay or quit notice for the apartment since we had not come to a conclusion on how to handle our disagreement since the rent became due.

    Whole mess of a situation here what are my best options to not be solely responsible for the whole past due rent or being stuck in a situation where the future rent might not be doable for me by myself?

    Is this 30 day pay or quit situation going to add any difficulties for me as I expect it could? What are they & how can I best resolve them if so?

    Worst case do I still have 30 days before I'd have to deal with an eviction if it were come to that? Or can I be evicted sooner for some reason if the original lease situation has changed?

    Is it possible for my roommate to no longer be responsible for a joint lease? If she's still responsible can I sue her for half the rent at some future date for the next 6 or 7 months the lease is for? Is that worth the trouble?

    I'm in Nevada if that matters.

    submitted by /u/AlluminatiTakeover
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    [TN] Property line issue with developer

    Posted: 07 Nov 2020 05:49 AM PST

    Hello!

    We are building a home, and are set to close late next week. The builder has agreed for a private vendor to install a fence for us prior to closing. We have surveying documents from the developer showing our property line as 24 feet away from the house, but the property manager sprayed an unofficial line at 20 feet and limited our sod installation to this distance (something else I imagine we will have to discuss). Are we within our legal rights to have the fence installed just short of the 24 foot mark? Or are we at their mercy to determine what we are actually buying? The fence has to go in TODAY (2 hours) and since it is Saturday we cannot get in contact with anyone at the developer office.

    To clarify, the document we have showing 24' yard is an official surveyors report that was provided to us by the developer and was approved by the HOA/builder as part of our fence installation plan.

    submitted by /u/AvgBro
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    Going to court over flatbed truck

    Posted: 07 Nov 2020 12:49 PM PST

    Ok so I am posting this for my cousin. This is in Kansas. Her fiancé works a white collar job and has a flat bed work truck. Which he usually parks in their driveway. From her telling of events, the city they live in has given them two warnings that they need to remove the truck. This is not possible because like stated before he needs it for his job and it is too large to fit in their garage. It is a standard sized truck with a flatbed. Now the city has summoned my cousin to court after giving two notices. The punishment according to the notice is $2500 fine or a year in jail. My main questions are can this be fought? Should she get a lawyer? If so what kind of lawyer? And is there a way to fight this without breaking the bank?

    submitted by /u/trainlover_176
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    Michigan - Fired for not being able to get a doctor to sign off on my Covid-19 Symptoms

    Posted: 07 Nov 2020 07:24 AM PST

    Before I start I did go through the entire FAQ at the top and have been trying to understand the executive orders that were given in my state about my current situation, but it seems to go over my head.

    https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-524136--,00.html

    https://www.michigan.gov/whitmer/0,9309,7-387-90499_90705-537878--,00.html

    I've currently been home for the past few months because of the Policy my work has on Covid-19 which is a Negative Covid-19 test is needed AND a Doctors note clearing us for work(in my case, a doctors note saying my symptoms are not related to Covid-19 at all). One of the policies at work was that any individual showing symptoms of Covid-19 would not be allowed to work, why I needed a specific note stating that my symptoms are not Covid-19 related.

    I've had zero issues with getting Negative Covid-19 tests(4 tests in the past few months) , however even after all the testing(X-Ray, Blood work,CT SCAN, etc) my doctor could not give a reason why I was having shortness of breath the past few months, he could not write me a note stating that they were not Covid-19 related and recommended me to a specialist. When I gave my employer my Negative test again and the Referral to the specialist about my lingering symptoms because my primary care giver could not explain them, I was promptly fired.

    My main question is, am I covered under the executive orders that my Governor Signed ?

    My secondary question is, If my employers policy was to not let an employee work who is showing Covid-19 symptoms and I'm let go because of that, is it legal to do and just something frowned upon ?

    On a positive note, the specialist ended up finding out what was wrong and set me up for surgery this month.

    submitted by /u/CovidBeDamned
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