Is what my employer doing illegal?
I'm in Florida and I've been interviewing for medical secretary jobs. I had an interview for a pediatrician who needs a receptionist, but I have some reservations about accepting a job there. It is considered a full time position, but they said that there is no real benefits. Instead, if you have any medical issue the doctor there (who would technically be my boss) will check you out for free. They also said that, though you can call out sick, they prefer you to come in sick, have the doctor check you out, and then he will decide whether to send you home or not. This is pretty problematic to me because, though I'm still on my parent's insurance, I won't be pretty soon and I will need real health insurance due to the fact that I'm on several different kinds of medication and I need to see a couple of different specialists for the conditions that I have. I also find it weird that my boss might be giving me physical exams and would probably know a lot of my medical history. The office is very busy and under staffed, so it seems like they give you a really hard time if you want to call out and I'm thinking that the doctor might say that there's nothing wrong with me even if there is. There's also the fact that I'd probably be working with sick coworkers and I'd be exposed to sick children all day. They presented this to me as an option which I feel may make that technically legal but you really don't have other choices without benefits. Is this legal?
- PLv 76 months agoFavorite Answer
Yes it's basically legal, but you would legally be allowed to see a different doctor to get an excuse to not come in. Any employer can require a doctor's excuse when you call in sick. A lot of people call in sick for the wrong reasons so many employers want verified claims. You can't assume the doctor is allowing sick people to stay at work since you have no evidence he's actually doing that. Otherwise he's essentially just extending the clinics services for free as a favor to employees, which is legal, but it's up to you if you want to accept that or not. I wouldn't accept a "physical exam" from my boss, but in reality it's probably more of just a casual take your vitals and write a prescription type of exam, which if you think about it isn't that big of a deal. Regardless perhaps you just take this job for a short period until you can find something better. Otherwise I don't know what your resume looks like so it's hard to say if you could find something better without more work experience. If you need medical insurance at some point you can just get it through the ACA, which is expensive, but it's a temporary solution.
- NeilLv 46 months ago
I can’t see any reason it wouldn’t be legal. But I can see plenty of reason it wouldn’t be desirable. I’d give that one a pass.
- Spock (rhp)Lv 76 months ago
yes. this is legal. it is common for employees in medical offices to be informally seen at no charge by the physician who employs them. saves a lot on medical insurance. and, many small employers are not required to offer medical insurance to employees at all
- GypsyfishLv 76 months ago
Small employers with fewer than 50 employees are not required to follow most laws that affect larger employers. I would not take a job that didn't offer medical insurance. However, the other option is for you to buy your own insurance, through the ACA is your income is low. It's expensive- but I agree with you that I would not want to be getting check ups from my employer.
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- RonLv 76 months ago
The things that aren't legal. Hiring discrimination of the protected classes of citizens. Not paying you minimum wage. Not allowing you the required break periods.