Public Works employee Eric Garrett, who has filed suit alleging retaliation by Metro Government for reporting improper actions, has been ordered to undergo a psychological test, according to LEO.

In an injunction filed in Jefferson County Circuit Court, Shane Sidebottom, an attorney for Public Works employee Eric Garrett, asks a judge to prohibit the city from ordering his client to undergo psychiatric testing prior to returning to work after he filed a retaliation lawsuit.

“They’re trying to get my client to go a psychiatrist who specializes in criminal forensics to determine if he’s criminally insane. And if he doesn’t go, they’re going to charge him with insubordination so they can fire him.” says Sidebottom. “I’ve never seen anything like this.”

In a letter sent to Garrett’s attorney on July 19, Assistant Jefferson County Attorney Mark Miller says the city retains the discretion to determine when and under what circumstances an employee can be required to appear for a fitness for duty evaluation and that no justification is required for such referrals.

“Mr. Garrett controls when, and if, he will return to work by deciding whether or not he will appear for the fitness for duty evaluation, which has been previously scheduled twice but your client has not appeared,” Miller says. “Continued failure to appear for the evaluation may be deemed insubordination.”

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