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  1. #11
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    Default Re: Job Offer Rescinded After Physical

    You need to decide if you are here to have your questions answered, or if you're going to cry and whine every time you hear something other than what you want us to say. So far it appears to be the latter, but we're going to keep doing the former.

    If you want to be told based upon the information you've provided that somebody can guarantee you a huge windfall settlement, it's not going to happen. We can only work with the tiny amount of information you've provided, and that falls far short of establishing clear liability or significant damages.

    There is no requirement that you must be documented to have fallen off ladders, crashed cars, etc., before an employer can consider whether your medication creates increased risk in the workplace.

  2. #12

    Default Re: Job Offer Rescinded After Physical

    Okay, so what else do you need to know?

    And I'm not whining. Just what was said about the employer legally being allowed to deny me the job because of the medication is false. I supplied a link that goes into direct threat. So if challenging what someone on here says that is false according to the EEOC is whining then yeah. I'll point it out and hope the person is mature enough to ask for more detail or at lease give why he/she said it.

  3. #13
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    Default Re: Job Offer Rescinded After Physical

    What you need to do is read what you've already been told, so we don't have to waste our time repeating what you've already been told.

    Beyond that, go ahead and schedule a consultation with a lawyer, and take along the job ad, documentation, letter from your doctor, etc. for review.

  4. #14

    Default Re: Job Offer Rescinded After Physical

    Quote Quoting Mr. Knowitall
    View Post
    There is no requirement that you must be documented to have fallen off ladders, crashed cars, etc., before an employer can consider whether your medication creates increased risk in the workplace.
    ^ This would be an assumption based on a perceived threat with no medical, objective evidence which is required by ADA to be legal grounds not to hire the person when this is the basis for not hiring the person. Is this right?

    I agree with you on this. It just isn't enough to use as the reason not to hire someone with a disability. Is this right?

  5. #15
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    Default Re: Job Offer Rescinded After Physical

    You were the one who told us that your prospective employer had you examined by a doctor. What do you imagine that the doctor's report was, if not evidence of your capacity to perform your job?

  6. #16

    Default Re: Job Offer Rescinded After Physical

    I will apologize for coming off as a whiner. Just with the way my brain works I been fixated on this for a month now. Everyday reading over ADA/EEOC law, past cases, ect. So when someone replies and I don't understand or it seems to go against what I have read I go into this anxiety phase where I need to work out the two answers and figure out which one is more applicable in my situation.

    I'd like to stay away from hiring a lawyer in the informal stage or taking their advice which so far has been avoid mediation and hire them when I get the right to sue letter. I am not looking for the pot of gold. If I was I'd go straight to the investigation stage and hire a lawyer.

    BTW: Any chance of them going a head and giving me the job?

    Quote Quoting Mr. Knowitall
    View Post
    You were the one who told us that your prospective employer had you examined by a doctor. What do you imagine that the doctor's report was, if not evidence of your capacity to perform your job?
    The first mediation I obtained a full copy of it. The physical is required of all new employees in the type of position I was going to get. EDIT: This is why I know there is nothing negative in it other than a concern of possible side effects.

  7. #17
    Join Date
    Jun 2006
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    Massachusetts
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    24,240

    Default Re: Job Offer Rescinded After Physical

    Okay, enough. We do not have any way of assessing whether they will "go a head (sic) and give you the job" or not, but I see absolutely no indication that they have any intention of doing so.

    If you are convinced that you have a valid case, file a complaint with the EEOC. You have to do that before you can file a lawsuit in any case. And don't waste time: there is a statute of limitations and you've already used up more than two thirds of your available time. If you don't file with the EEOC soon, you will be barred forever from doing so. And if you don't have a right to sue letter from them, you CANNOT file a lawsuit. Ever. No matter what.

  8. #18

    Default Re: Job Offer Rescinded After Physical

    Quote Quoting cbg
    View Post
    Okay, enough. We do not have any way of assessing whether they will "go a head (sic) and give you the job" or not, but I see absolutely no indication that they have any intention of doing so.

    If you are convinced that you have a valid case, file a complaint with the EEOC. You have to do that before you can file a lawsuit in any case. And don't waste time: there is a statute of limitations and you've already used up more than two thirds of your available time. If you don't file with the EEOC soon, you will be barred forever from doing so. And if you don't have a right to sue letter from them, you CANNOT file a lawsuit. Ever. No matter what.
    I filed through the EEO office months ago. We had our first mediation at which time they asked if we could back away and come back at a later time. (Next week)

  9. #19
    Join Date
    Jun 2006
    Location
    Massachusetts
    Posts
    24,240

    Default Re: Job Offer Rescinded After Physical

    Then what more do you want from us?

  10. #20

    Default Re: Job Offer Rescinded After Physical

    Just needed to talk it through with others who are non-bias and to find out what issue I should stick to. Like I know I could go a few ways about this but some of those way might lead to, "not covered by ADA because it isn't a life limiting activity." I found that wording can make or break a case.

    Would it be far to say that since I was denied the job due to ativan that I am covered by ADA because the medication helps me get through the day and that my conditions limits social activities, tolerance to stress, concentration, and sleep. OR how would I want to word it so it is clearer?

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