Jump to content

Auron

Members
  • Content Count

    13
  • Joined

  • Last visited

  1. Call the EEOC and ask for an interview - if theyre asking about race, sex, religion, ect... they may step in on your behalf. But that could take weeks (or years) to see a resolution so dont hold your breath. Just dont make the same mistake i did and wait - call today! The worse they can tell you is you dont have a case. Good luck.
  2. Oh good... i thought i was losing my mind along with my job...
  3. Im learning the hard way that the law is on your employers side. The ONLY thing you can do to protect your privacy is to not sign the consent form under ANY circumstances - the courts apparently do not differentiate between "agreed consent" and "forced consent," to the legal system its just "consent." Once you ring the consent bell it cannot be unrung. Now be warned, unless you have a contract, the employer is allowed to terminate you for not consenting. At that point you may... might... maybe... possibly have the ability to sue, but by all accounts your career with that company will end. Youre going to be drawing a line in the sand - maybe your employer will back down, maybe not, but either way you need to be prepared to be jobless. Im sorry, but thats how at-will employment works...
  4. I got notice from my company saying my requested "extended personal leave" is approved until July 30th... I requested nothing of the sort... AND i discovered my supervisor has been paying my healthcare fees to keep me covered... Sounds to me like they want me to stay, should i contact corporate HR and let them know my plans to file suit and hope theyre willing to reconsider? I would need back pay at this point though which i think makes this all an unnecessary powder keg about to pop... Ive still not heard anything from my lawyer...
  5. Just a straight up question. I went to a lawyer i had a great relationship 12 years ago on a similar issue. I walked into her office and she sat down with me for 10min to BARELY discuss my issue. She said she was pretty sure i had a legitimate case, but would get back to me in "a couple of days" - I presumed to schedule an actual consultation with facts and points... Its been 11 business days now, and 4 messages have not been returned. I know she was working on a big case when i stopped in, but i CANNOT go into the coming week without some kind of guidance... do a assume she isnt interested and find another lawyer, or is it common to go off the grid for almost a month while on another case?
  6. I am willing to run this up the flagpole, all costs included - this is a personal issue for me. But its been 14 days now and my lawyer is not returning any of my calls - i cannot tell if she is looking more into the matter or if she is just trying to brush me off at this point. I am analytical so this is driving me insane... In regard to the "fitness-for-duty" aspect of the law, the EEOC has made clear that physical test are permitted on a company-wide scale so long as the test cannot detect a disability outside the scope of those specific employment requirements. For instance - if i hired a secretary to pick up folders and walk them across the room, i can legally do periodic tests to see if she able to: walk, pick up folders, see, ect... but if i were to attach a heart monitor during it (despite the added precautionary need of the person administering the test) it immediately transforms from a "physical exam" into a "medical exam." It then violates ADA - ive found three cases so far that support that exact scenario too... Tests like Audio/Visual are generally broad enough to encompass just about every business "need" known, but i feel the company using EFA to go fishing for aches and pains i may, or may not, already be having is overreach since whatever issues i may, ... or may not, have has clearly had no affect on my ability to do my job. And without "function" there is no leeway in ADA law.... Or at least not that i can find anyway.... Since neither my employer or lawyer is reaching out to me, im hesitant to make any moves at this point. I want my job back, but worry that filing an EEOC complaint or attempting to contact HR may blow up any chances of securing a waiver to the EFA. And i am not submitting to the EFA.
  7. Oh Well, i guess ill just have to take their word on it then... Thanks for your help guys, i think we've reached the point of the snake eating itself. Ill figure out on my own. I appreciate the insight, ill let you know how it plays out...
  8. Because both companies are claiming that nothing about this test is "medical," hence the root of my problem. I would need to prove that the EFA is not exempt under EEOC guidelines as a "medical exam." Which is why i quoted you on it! 🙂
  9. This is the one of the very few (if not only) ruling that affects "any" employee regardless of health under EEOC guidelines. The purpose is to prevent employers from seeking out unknown disabilities the employee may have even without their own knowledge. (Case text refers to breast exams - its possible for an employer to gain knowledge of cancer even before the employee knows about it, ergo a mammogram is an ADA Prohibited examination.) The other side of your original statement is the "fact" that the employer does not have access to the information at time of collection. I have issues with this on two levels; first being that since the 3rd party company is not bound by HIPAA regulations, they are merely pinky- swearing they will keep the information private and away from my employer, ect... and there is no legal recourse if they decide to, say, post the info on Snapchat since the consent allows them freedom to do whats in their "best" interest as opposed to mine. Second - The information is only private so long as i do not file for workers comp. Should I, again hypothetically, break my little finger next month, the entire datafile would be released to my employer, insurance, and their medical proxy - at which point any inference of potential injury/disablity is then laid out in the open, bypassing any/all ADA protections. Personally i would like to think both the 3rd party company and my employer have my best interest in mind, but i simply cannot take their word (especially the 3rd party) that if the EFA reveals some defect in my health, they simply will ignore it. My street level problem still remains - how do i get my job back without either incurring the wraith of my employer (who in reality may or may not even give a damn) AND not submitting to the exam (at least under its current setup?) The truly confusing part of this to me is that i was a better than average employee, well liked by both management and customer, with no blemishes at all on the record. The average savings of an EFA translates to $6000 - the highest payout savings i could find on public record (which was also reversed on appeal was ~$80k.) Im awestruck theyre willing to sacrifice a skilled, hard-to-replace laborer instead of just wavering me out...
  10. According to ADA, an employer ONLY has a right to require a "medical" examination on an already hired employee IF they have suspicion of a specific health concern AND the exam specifically involves said concern. If my boss sees me bumping into things, and eyesight is a requirement of the job he can legally assume i am having eye issues. BUT he would have to document the issues prior, and the exam would have to be vision related. If my job were listening to recordings an eye exam would be illegal. If he offered no proof, any exam would be illegal. If the exam was running a mile, it would be illegal. ADA is VERY specific regarding the scope of exams allowed to be given to current employees. My trouble is that this test is (apparently) not considered a medical exam under ADA/EEOC Guidelines. My case would require me to establish that is was. I cannot find any caselaw to back me up so any legal action would be charting new territory.
  11. No, i refused to submit to the baseline because i was afraid of what my employer was trying to discover. According to my supervisor all employees are required to submit to examination - apparently the company has being using the exam as part of their conditional-offer for some time. The question of legality comes in as whether they are allowed to do it to current employees as well. The way i look at it, i will have to prove this test is medical to win - i dont think i have the finances to do that. My question here is whether or not there are alternative directions to take to re-secure my job without allowing these companies unfettered access to my physical person?
  12. Its more like and EKG, except its for muscle and soft tissue function than heart rhythms. The procedure is that the employee is taken to a secure part of the building, stripped to his/her underwear, 15-19 electrodes are placed all over their body, and then they are zapped during pre-designated set of excerises to determine their range of motion, hidden injuries, and inherent strength of the muscles themselves. The data is then locked up until you have a work-related injury, at which point you are forced to submit to another test, and they use the baseline to determine your actual injuries, extent of your pain, and when the injury ACTUALLY occurred. If the company determines the injury happened before the baseline test, or was a previous injury that just happened to be exacerbated by the work incident, then its an automatic denial of WC. I say "financial" because, though the benefits of the procedure are well known, companies use it almost exclusively to lower worker comp payouts. The system "objectively" tells the courts whether youre experiencing an actual injury, how old that injury is, and whether your treatments are improving your injury or not. The company claims its a "business necessity" because it lowers their expenses under WC .... which means more profit, which means "necessity." The 3rd party company that administers the test gets around ADA by not having medical personal, labs, and claiming their equipment (which can tell how old an injury is and how much pain its causing you) isnt used to collect any medical data other than physiology. Even though science says its a legitimate medical tool, to me there is too much grey area/no accountability to trust that either company wont use the information gathered against us given the chance. Its the reason employers are not allowed to demand DNA (yet) for simple issues - the shear amount of potential information regarding unknown health issues is too great to trust in the hands of a non-medical business. Despite what both companies claim, I think this is a medical exam... if it walks like a duck, quacks like a duck... ... ...
  13. Hey guys, im flailing here and looking for some guidance. I was recently terminated from a position i held for 5 years. No prior issues at all. The company currently running this aspect of the business suddenly decided to partake in an electrodiagnostic baseline system. I literally walked in one day and was told that i had to submit to the examination or be fired. I refused and was immediately put on administrative leave pending termination. Events transpired so quickly that im still partially in shock. Ive began the process of filing a claim with the EEOC when my research lead me to information about how the company was circumventing the ADA requirements for the definition of a "medical exam" and "fitness for duty" despite the EFA Exam being almost textbook definitions of both. This of course makes my situation worse. Im no fan of the new company that took over my position, but i REALLY like the work and would like to get back to it. There are not other similar options for me. But i just cant get over the morality of being forced to submit to, (what i consider) a gross violation of my privacy and personal being. Nor can i abide giving my medical information to a company that has no accountability or HIPAA oversight. I have a couple of days before my lawyer can fit me in to discuss, but does anyone have any suggestions about how to keep my job AND still refuse to submit to testing? Im thinking there has got be some legality in an employer forcing an employee to consent to a purely financial based examination? Thanks in advance!
×
×
  • Create New...