I was hired as a unarmed security guard at a hospital. I went for my physical and mentioned 3 months prior I had thrown my back out and went to the same hospital ER for treatment. The ER visit consisted of a pain shot and 2 prescriptions for muscle relaxers and pain medicine. There was not follow up suggested, no physical therapy suggested, and they took note that I am a firefighter and was NOT told to take time off from there. All that said, I went for my physical, mentioned that visit, passed every aspect of the physical, but was called 3 weeks later after having done 2 TB tests and checks, that I was deemed "Unable to work in awkward circumstances and could not restrain patients."
How is this possible? There was zero mention of me being disabled during that ER visit, zero mention of me needing to follow up with anyone- even my primary care physician, yet they fired me without even asking me to get clearance of some kind. Again, the physical was passed with flying colors. The examining physician asked for those records, they were provided, and everything was kosher. 3 weeks later I'm unemployed because of this. How/why can they do that without offering me the opportunity to provide documentation that I am physically capable of performing the duties of an unarmed guard? I wear 60lbs worth of fire gear, lift 500+ lb. patients, climb ladders, go in and out of burning buildings, BUT I'm cleared to do all that? Please let me know if this is legal on their behalf.
1 Answer from Attorneys
Is this a private company or the government? That would make a big difference, because a government office should have given you some opportunity to prove yourself.
Otherwise, it could be a violation of the Americans with Disabilities Law in that they did not accommodate your disability, but it's unlikely because you say that you are not disabled in any way.