Is this Legal? Please help!!!?
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Is this Legal? Please help!!!?
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I worked at my job 3 and a half yrs. I went out of work to have a baby in September since my job offers Short term disability this is what I used. Once my 6 weeks were up instead of been able to return to work I had to take a physical which consist of a 3 minute step test and being able to lift at least 45 lbs. The first time I took the test I failed it and I found out this is because I have a fast heartbeat so I was put on atenolol by my doctor. 30 days later When I went back to take the test my heart rate was still fast and I was told to return in two weeks. Two weeks later I returned and took the test although my heart rate was still fast, and failed the step test so my employment was terminated. My question is can they legally do this??? BTW I live in a non-union state.
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evileye322
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If a condition of employment is those tests and being in shape, then yes they can do this. They gave you multiple tests, which you kept failing, so you clearly do not meet the physical requirements for the job, so they can terminate your employment. |
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Alrahcam
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Delivery should be covered under meternity leave, which do not warrant fitness test for rejoining. Taking leave on short term disability ground for meternity purpose itself is worng. Consult some lawyer to have effective recourse. |
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vicseo
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Unfortunately, I have to agree with the other two forum member responses: your employer can test employees for physical fitness and should the employee fail these tests, they can be terminated regardless of the issue of whether or not the state is a union or non-union state.
Good luck! |
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Cubs Girl
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Yes, it is legal. Most companies perform physical to new employees and employees who were out on disability leave for safety and liability reasons. |
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