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Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 13986
Experience:  Employment/Labor Law Litigation
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Employment I have a question about employment. Manager. At

Customer Question

Employment I have a question about employment
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: Manager
JA: Is the workplace "at will" or union? Is the job hourly or salaried?
Customer: At will Hourly
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Yes. I passed the pre employment drug screen. Then started orientation on a monday...on tuesday during orientation they had us do a physical agility test and I failed it. I was put on administrative leave
Submitted: 1 month ago.
Category: Employment Law
Expert:  Sean Lopez replied 1 month ago.

Hi, how are you?

Expert:  Sean Lopez replied 1 month ago.

My name is Sean and I am an attorney. I am happy to assist

Customer: replied 1 month ago.
Thank you
Expert:  Sean Lopez replied 1 month ago.

was the physical agility test a requirement of the position?

Customer: replied 1 month ago.
Yes. But I was told it would be done as pre employment before starting orientation
Expert:  Sean Lopez replied 1 month ago.

Do you have any medical conditions that would not allow you to complete the physical agility test and do you have it in writing it would be done preemployment and not after beginning?

Customer: replied 1 month ago.
No medical conditions.. and no I was told by the recruiter I would be scheduled for the test. But was then given a start date for orientation tation
Expert:  Sean Lopez replied 1 month ago.

are you aware of anyone else being placed on administrative leave for this reason?

Customer: replied 1 month ago.
No
Expert:  Sean Lopez replied 1 month ago.

Because you are not aware of anyone else being subjected to similar treatment and the company didn't follow their own policy, you have a claim for wrongful treatment. You should first send a certified letter to the company stating you have been wrongfully treated and placed on administrative leave when others are not treated similarly in the same situation. You can draft this yourself, or have an attorney draft it for you. You can then file in small claims court to recover lost wages due to wrongful treatment if you do not receive a response