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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 39183
Experience:  Retired (mostly)
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I had a doctor i had never seen before see me due to be

Customer Question

I had a doctor i had never seen before see me due to be hired for a job at a production plant. I had shoulder 9months ago due to loose should muscles. The doctor never once checked me out or nothing he denied my physical and made me lose my job... he said i was not physically able to work there.. my orthopedic surgeon released 6 months ago to go to work and continue back to my day to day.life. the doctor i saw that day took xrays and never went over them with me or explained why he thought i was physical enable to work. Do i have a lawsuite on my hands with this if so how do i go about it
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.

Hello,

Was this a new job you were applying for?

Did the employer pay for the physical exam?

Customer: replied 1 year ago.
Customer: replied 1 year ago.
I really feel like he had no right to deny me because he didnt further research what my surgery was an he didnt condult my orthopedic surgeon to further ask questions. He never even examined me or gave me a reason why he thought i was physically unable to get this job.
Expert:  socrateaser replied 1 year ago.

Okay thanks.

An employer has authority to hire a physician for a pre-employment screening, if the exam is "job related and consistent with business necessity" (legal magic words). However, if the physician intentionally denied you employment based upon an incompetent or intentionally defective review of your medical condition, then that would be discrimination under the Americans with Disabilities Act (ADA). Which would give you a lawsuit.

The most cost effective means of dealing with your problem is to file a complaint with the Equal Employment Opportunity Commission (EEOC). Don't waste any time, because you only have 180 days from the date you were denied employment. EEOC can force release of the physician's notes and x-rays, and then compare them with your ortho's records. If there's a serious discrepancy, then the EEOC will probably force a settlement from the employer.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Customer: replied 1 year ago.
How do i go about filing a complaint and would i be sueing the doctor or the company
Expert:  socrateaser replied 1 year ago.

I provided you with the link, which explains everything in detail. Perhaps you missed it. Here it is again for your convenience.

You can also contact an employment rights attorney who may be willing to take your case on contingency (no pay unless you win). Here is a link to a reputable lawyer referral website.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

Expert:  socrateaser replied 1 year ago.

Hello again,

I see that you have reviewed my answer, but that you have not provided a rating. Do you need any further clarification concerning my answer, or is everything satisfactory?

If you need further clarification, concerning this matter, please feel free to ask. If not, I would greatly appreciate a positive feedback rating for my answer (click 3, 4 or 5 stars) – otherwise, I receive nothing for my efforts in your behalf.
Thanks again for using Justanswer!