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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Employment Law
Satisfied Customers: 114140
Experience:  20+ Years of Employment Law Experience
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After surgery, i came back to work full duty, no

Customer Question

after surgery, i came back to work full duty, no restriction. after 3 months of
working, my i was made to see the companys doctor. i pass the physcial, the
drug test, also the hearing and vision test. the company doctor wanted my
medical record and the surgeon record. i said no, the company then place
me on dissaplacement. i decline to take a down grade job. i then was teriminated.
my dissaplacement had nothing to do with my work ethics, my work performace,
which both were very good. i was dissplace from refusing to give my medical record
my life or co-worker was not in any jeopardy.
sheila
Submitted: 1 year ago.
Category: Employment Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
It is illegal for a company to treat an employee as being disabled or to treat a disabled person differently than any other employee under the Americans with Disabilities Act. However, an employer can conduct fit for duty exams of employees if the occupation has a bona fide job qualification that would make the health of the employee critical to the job. If that is the case, then by refusing the employer's request to give your employer can be deemed failure to follow an employer's legitimate request. Had you given them the record and they fired you over the record, then you would have had a case, but once you refused you hurt any case you could have had, which is pretty much what the EEOC told you.
As such, your refusal of your medical records has caused this and if the EEOC can negotiate a severance for you, that would be a good thing, because you could not take this type of case to court as it lacks a legal basis for a claim.