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  1. #31

    Default Re: Job Offer Rescinded After Physical

    Didn't think about this until I read your reply but would it make a difference if the employer asked me to get the letter from my doctor stating that I am clear to work? I don't have them asking this in writing but verbally they said they would use my doctor as a second opinion.

  2. #32
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    Default Re: Job Offer Rescinded After Physical

    Not sure what you are asking there. Did you provide a letter from your doctor or is the only medical statement they have from whomever they sent you to?

  3. #33

    Default Re: Job Offer Rescinded After Physical

    Their doctor concluded they had concerns over side effects. Looking at the report their doctor suggested sending me to my doctor. Which I did and my doctor wrote them an official VA letter stating that I am 100% fine to perform every aspect of a painter and maintenance worker.

    My doctors letters read similar to the following: Mrs Smith has been under my care since 05-13-2010. Mrs Smith is on, such and such medication. Mrs Smith does not show signs of side effects and under my observation Mrs Smith is able to perform all task and duties of a painter, maintenance worker.

  4. #34
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    Default Re: Job Offer Rescinded After Physical

    Seeing that their doctor did not make a conclusive statement but merely alluded to the possible side effects and your doctor sent them a statement indicating there were no observed or reported side effects, it sounds like you have a valid claim of unfair/illegal discrimination then.


    I guess we are back to your original question. To how much you might seek as a settlement, I have no idea.

    Did the EEOC simply give you permission to sue or did they state they would sue on your behalf.

    here is a website I just ran across when looking for some info concerning your situation. It might provide some information for the general process.

    http://www.womenemployed.org/docs/EEOC%20General.pdf

    obviously your case isn't about discrimination based on gender but I believe the information is applicable to all discrimination actions through the EEOC.

  5. #35

    Default Re: Job Offer Rescinded After Physical

    Thank you for the link. My EEOC claim is still in the informal stage. IDK what will happen if it goes to the formal stage.

    My biggest question which I left out for simplicity is, will I be able to obtain employment at this company in the future or am I barred from seeking employment there because of this EEOC?

  6. #36
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    Default Re: Job Offer Rescinded After Physical

    Quote Quoting cbg
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    Looking at it one way, the fact that you are taking ativan HURTS your claim of disability. If the medication counters the disability so that you are no longer limited, you are likewise no longer covered under the ADA.

    Read Sutton v. US Airlines, a SCOTUS case from 1999.
    ADA amendments act greatly changes the ADA. The Supreme Court rulings that narrowly interpreted the coverage of the ADA were changed under the amendments act and so court ruling prior to 2010 are not useful for a discussion of ADA interpretation. Employers can no longer look at mitigating treatment to determine whether an individual is disabled (except eyeglasses). So, regardless of whether a condition is controlled by medication, if the condition would be covered in its uncontrolled state the individual is disabled even if the condition is controlled. The interpretations of the amendment act indicate any condition that limits a major life activity (and the list is vastly expanded) and last for 6 months or more is covered. ADAAA is the hot button issue for the EEOC right now. OP may not have a windfall coming, but the interest OP is getting from the EEOC is not surprising.

    OP, when the EEOC mediates for you there are no hidden fees. If you go with a private attorney and look for the windfall settlement, you have to keep in mind that you might not win in front of a jury. You also have to keep in mind if you do win you will be sharing a substantial portion of the award, which might not be much bigger than what was offered in mediation. While I am sorry you didn't get the job, your story isn't a tearjerker that is going to move a jury to award you millions. That is my opinion of course. Take it as you will.

  7. #37

    Default Re: Job Offer Rescinded After Physical

    What is a windfall? EDIT: I guess I should have said what do you consider a windfall? I think a windfall would be next to impossible just through mediation.

  8. #38
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    Default Re: Job Offer Rescinded After Physical

    Quote Quoting us11csalyer
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    Present: I go to mediation in roughly 10 days. What should I expect to get out of this? I have no intentions of using a lawyer but if they try to severely low ball me I will pull it out and go that route. Is asking for 1yr pay (36k roughly) unreasonable? The employer has already made it clear they can't give me the job because it isn't open anymore and they are under a hiring freeze.
    Yes, asking for one year of pay is unreasonable and would constitute a windfall in my eyes. You might try to mediate getting the job. Then you could then earn $36K. They indicate they have already filled the position but they might be open to discussion. In terms of the your quest for the $36K windfall, keep in mind that if you go the lawyer route rather than the mediation route you would need a settlement substantially larger than $36k to actually clear $36k.

  9. #39

    Default Re: Job Offer Rescinded After Physical

    Quote Quoting drthyrd
    View Post
    Yes, asking for one year of pay is unreasonable and would constitute a windfall in my eyes. You might try to mediate getting the job. Then you could then earn $36K. They indicate they have already filled the position but they might be open to discussion. In terms of the your quest for the $36K windfall, keep in mind that if you go the lawyer route rather than the mediation route you would need a settlement substantially larger than $36k to actually clear $36k.
    Yeah, I read that one EEOC case where the layer got 40g+ and the client got 6.5g. Would asking for six months pay (16g) be unreasonable? I'd think 16g is probably less than what it would cost to defend themselves considering all the people that could come forward and say they were wronged to.

  10. #40
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    Default Re: Job Offer Rescinded After Physical

    One of the reasons attorney fees can be significantly in excess of damage awards is that certain statutory causes of action allow for the recovery of actual attorney fees - so the actual damages to the claimaint may be only $6,500, but the amount of time it took to establish the validity of the claim resulted in a reasonable attorney fee of $40K+. Cutting an attorney out of the picture in a case like that doesn't make the claim any more valuable.

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