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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15674
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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August 2011 I was informed "I did not pass my physical capabilities

Resolved Question:

August 2011 I was informed "I did not pass my physical capabilities test so do not show up for your start date on the 22nd of August" long story short I left a company of 5 years to take their offer. And there where errors thought the whole testing with equipment malfunctioning. So on after I called eqt back they said I did not have the right to see the test results and they spoke to their lawyers and I am no longer eligible for employment at eqt ever again just because I called their testing facility in Colorado wanting proof of my results (calm and professionally) I feel I have a case here of some sort
Submitted: 11 months ago.
Category: Employment Law
Expert:  wallstreetfighter replied 11 months ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

This is an unfortunate situation,

wallstreetfighter :

in terms of legal action you may have a detrimental reliance lawsuit against the employer,

wallstreetfighter :

this is when the employer promised you a job and you relied on their promise,

wallstreetfighter :

to your detriment, which in your case would be to leave your past job of 5 years,

wallstreetfighter :

if you do bring up such a lawsuit, you can force them to show you the details of the physical exam,

wallstreetfighter :

also if you had signed a contract, you may be able to sue them claiming they breached the contract, and have them prove otherwise,

Customer: Well there is more detail to the story as well it gets deeper
wallstreetfighter :

ok

Customer: ideeper I had a head injury back in 2010
Customer: wich I am 1000percent ok
Customer: 100*
wallstreetfighter :

You may also have a disability discrimination lawsuit, if you feel they discriminated against you due to an alleged disability or medical condition that you had,

wallstreetfighter :

you can threaten them with such a complaint as well,

Customer: I think once I got my first physical they said oh wait that's a liability
Customer: beungliability being one factor
wallstreetfighter :

however, the detrimental reliance lawsuit may be your best option,

Customer: theyfactor they told me "upon passing your physical capabilities test you start on Monday the 22nd of aug"
wallstreetfighter :

the Americans with Disabilities Act prohibits an employer from making a job offer contingent on passing a medical exam. Insurers may also require employees to undergo physical examinations before health insurance coverage will begin.

Customer: And there is a contract with that in there
Customer: butthere but the last point is here
wallstreetfighter :

you can claim, that you did pass the test,

wallstreetfighter :

and that they are not disclosing the results, as they want to break the contract with you

wallstreetfighter :

An employer may be responsible for wrongfully invading an employee's right to privacy if the required test is not closely related to the job duties.

Customer: I went to work for Heath consultant later on that following year it is a sub contractor for eqt gas, and I took the same test and passed with flying colors and I have a hard copy as evidence
wallstreetfighter :

You could use that as evidence in such a lawsuit,

Customer: I would like a settlement
Customer: ifsettlement if it went to jury they would loose
wallstreetfighter :

You should consider having an attorney send a letter threatening a lawsuit,

Customer: Sorry on an iPad typing is bad
wallstreetfighter :

they may try to settle with you

wallstreetfighter :

You should also consider suing them for not allowing you to review your results,

Customer: Probably a full years pay from company I left and full years pay at job offer I took.?
wallstreetfighter :

unless you signed a letter stating you give up your rights, you should be able to have access,

wallstreetfighter :

Yes, and

wallstreetfighter :

if they are a large employer, consider asking for punitive damages,

Customer: Punitive ?
wallstreetfighter :

I would start with one year pay with full benefits,

wallstreetfighter :

punitive is damages to punish them for their actions,

Customer: It was un professional and they way they did it
Customer: oh AND
Customer: i went online to red carpet online boarding new hire program they took my bank information and routing number for direct deposit that's how sure they git my hopes up like I def was starting on Monday they did all this before test!
wallstreetfighter :

That is unfortunate, you should advise them you will be taking legal action as soon as possible if they do not remedy the matter,

wallstreetfighter :

you should state in your letter you had a fitness test and passed,

wallstreetfighter :

and that their actions are a violation of your privacy, and clearly discriminatory,

wallstreetfighter :

also that you will sue them for a breach of contract and detrimental reliance,

Customer: Good chance they would just settle rather than risk court settlement for more money
wallstreetfighter :

it is possible, I would have an attorney draft the letter, that may spur them to settle with you sooner

Customer: This was August of 2011 it's 2013 now how much longer do I have?
wallstreetfighter :

you are running out of time,

Customer: ?
wallstreetfighter :











Contract (in writing), 10 years



W. Va. Code § 55-2-6



Contract (oral or not in writing), 5 years



W. Va. Code § 55-2-6


wallstreetfighter :

You would have to claim a breach of contract, which is 5 years

Customer: Ok so 2 more
wallstreetfighter :

yes

Customer: Good that should be plenty of time?
wallstreetfighter :

Yes, but it is better to start as soon as possible,

Customer: What type of lawyer? Any good connections in my area? I live in the parkersburg Marietta area
wallstreetfighter :

Any litigation attorney is fine,

wallstreetfighter :

you should contact your local bar association,

Customer: The better AT&T the better
wallstreetfighter :

for a local labor or litigation attorney

wallstreetfighter :

yes

Customer: Spell correction sorry
wallstreetfighter :

I would start with a letter,

Customer: From me?
Customer: Or a lawyer?
wallstreetfighter :

no from the attorney

Customer: I wonder if they will even remover me or have it on file? They are a HUGE corporation
Customer: Remember*
wallstreetfighter :

If they took a medical test, they should have kept your information

Customer: So when I say I worked for them through a sub contractor and passed the same test that should throw a flag
wallstreetfighter :

yes,

Customer: You don't think I'll be wasting my time?
Customer: Even if I did say I wave my rights in some way
Customer: isway is there still a loop hole?
wallstreetfighter :

I would start with a letter first and wait for a response,

wallstreetfighter :

the fees would be limited,

wallstreetfighter :

if they do not respond, you should consider if it is worth your time and legal fees to do this,

wallstreetfighter :

if this happened recently, I would suggest litigating it, at this point, it will be harder,

Customer: If they do not respond? Then what should I do?
wallstreetfighter :

discuss your options with the attorney if they want $5000 or more to start,

wallstreetfighter :

it may not be worth it,

Customer: They may just want a percentage too
wallstreetfighter :

if they will take it on a contingency, that is best

Customer: That is what the last lawyer was gonna do
Customer: You wouldn't have any local numbers for me?
wallstreetfighter :

The link above is where you can find local employment attorneys,

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter :

If satisfied please provide us with positive feedback, thank you

Customer: Ok thanks much
wallstreetfighter :

Good luck,

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15674
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 6 other Employment Law Specialists are ready to help you

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