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HOW---EMP with Medical Hist.

By Sparkie_IG ·
I need to have some input here.
I have been out of work since Sept 03. In the short of it. I am BA, DBA, Data Architect, Elig Supervisor...over 15 yrs experience.
I also ,since 00, have a degenerating back. I have 3 docs who dont know why I am not in wheelchair or totally bedridden. Anway. I had a great Neurosurgeon who fixed the big problem, but can do nothing for the fact that my vertebrae are crumbling and therefore pieces of bone etc are presing (A lot) onto the spinal cord. I take about 14 medications a day. These meds, allos me to walk, sit, play guitar,to Fence ( as in 3 musketeers not stlone items) . I do however have to go to my docs office to pick of 4 of the scripts (the sheet) because they are controlled substance and must be newly handwritten by doc and i take it to the pharmacy for filling. I do this one day a month. The pharmacy I am forced to go to closes at 5 pm and it 65 miles from my home.
I applied at Barrows Neurological here in Phoenix a fewmonths back. I got the job. Permanate, very good money. I had signed the W2 and the disclosure paper and all the other things that go along with medical IT employment. I went in for a physical 2 days later. I have had many employment physicals for roles within HC. When the gal saw what mediations I was on...see freaked. She went so far as to conduct two test that are in now way needed for preemployment ( these were hands on body contact not chemical test) .

She also stated that I needed a release to work from my doc. I asked why as I had never been on any leave from work and in fact was working at the time that I got this job. I had not been put on leave ever. She said it was necessary.She also had me go thru each item on the list and indicate to what degree I could do each task. I am talking about the sheet that goes like this....this position requires sitting at a desk for periods of time, skills needed able to type,use 10 key,think analytically,troubleshoot problems, move chair back and forth....

Really lame items. How or what kind of thing can say if I think analytically>?>>>> AANyway. My doc did this and all was a go.

Two days later, the HR office called and said that with my med list and such, the position was no long open.

My question, I was very open and forth right about the meds I take.I did the drug screen urine test and when they called about a item found, I gave them my doctors number and the pharmacy number and the prescription number.All was fine as far as the drug scren went.

How can I be denied a job that was mine and signed etc based upon my condition. Heck the job was the same that I had been doing for the last 10 years at another hospital. My condition did not impact my ability to function .


Should UI have not been open on the meds ?
Should I have refused the prolonged physical?
How can I keep this from happening? I need a job, I am very very talented with promising past future...i just have to take these meds to walk...

Please help.....

Anyone in Arizona I would be particularly interested in hearing from given the nature of Arizonas laws and hiring process.

Many thanks

loralei

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What does your attorney advise?

by DC_GUY In reply to HOW---EMP with Medical Hi ...

I never cease to be amazed by the intricate legal problems that people experience... and then they bring them to us! Don't you think you should talk to a lawyer RIGHT NOW? I'm really aghast that your doctor didn't steer you to one already.

Sure, everybody hates lawyers, right. I hate computers too. But it doesn't stop me from using one, because there are some things I simply can't accomplish without it.

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UnHired due to Meds....Lawyer Say?

by Sparkie_IG In reply to What does your attorney a ...

Well,

I didn't contact an attorney...even tho I am like 3/4 an attorney. I figure I don't have a chance in haties....that given the # of narcs I am on to be able to walk or anything....they are afraid that I would not be abel to do my job....i figure that the first time I had a doc appt they would do a verbal wanring and then when went for scripts they would do final warning...and fire me

See the thing is...Yeah i take many meds that could bring a pretty price outside...but I need em to live. I would not do that. If they deny me the opportunity to go to doc to get scripts (which can only be done during business hours) then I'd run out and the one side effect on 7 of them is severe life threatening ceasation attacks, one has Sudden cardiac arrest....


Should I not list all of the meds on the next drug screen...or only the ones that will cause a question on the screen ( oxycontin etc) I am biochemist as well so I know how to do the drug test....sparkie

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3/4 of an attorney isn't enough

by DC_GUY In reply to UnHired due to Meds....La ...

I don't think they're worried about you selling your drugs. I'm not sure they're even worried about you not being able to do your job, but I'm not positive, because if you proved unable to do it and they dismissed you over that they'd probably have to give you a severance settlement so large it would be more properly called a pension.

Still, I think what they're really worried about is that you will die on company time and company premises. A medication that lists one side effect as "sudden cardiac arrest" will not make most HR people do cartwheels.

Also, one thing that many companies do is anticipate-screen for their group health insurance carrier. They want to lock in as low a rate as possible so they avoid invoking the "we'll cover anybody on your workforce" promise very often. If they take the occasional high-risk employee, one of those risks will eventually come true, Their premium will rise and their cold-blooded accountants will tell them to shape up.

I am not going to tell you to break the law and lie on an employment application here on a public website hiding behind this easily hackable pseudonym. If you're telling us all this stuff, whom else have you told? It wouldn't be difficult for someone to unearth your secrets once they get wind of the possibility that you might have some, and your truthful answers will raise that suspicion immediately.

I still advise you to talk to an attorney. How much will it cost compared to what you stand to lose here? You might be surprised by that 1/4 that you don't know. Besides, everybody blusters, assuming most people will give up. Sometimes all it takes is a letter from an attorney to get people to back down. If the company realizes that it will for sure be sued if it doesn't hire you, whereas it will only maybe be sued if it doesn't, that really changes the odds in your favor.

In any case, what the heck else are you going to do? Call a lawyer. It certainly won't make things worse. And for sure talk to one before you consider deliberately lying on an employment application!

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Discrimination.

by DC_GUY In reply to HOW---EMP with Medical Hi ...

Since you're 3/4 of a lawyer I assume you realize this: You ARE being discriminated against because of a disability. Depending on the exact nature of your disability, this could be a major violation of the law that most corporations would not wish to be found guilty of. Have you got a trail of documents proving that you had a firm job offer until they got a look at your prescription list?

Once again, a letter on an attorney's stationery pointing out some of these simple facts might make them cave in immediately and even apologize.

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