CanI be fired for a physical problem, if my employer knew of the problem at the time I was hired?
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CanI be fired for a physical problem, if my employer knew of the problem at the time I was hired?
I’m a truck driver. Recently I was fired from employment for having a trace of blood in a urine sample at a DOT physical. I took a DOT physical at time of hire and trace of blood in urine found then. Was given a 3 month DOT med card. Expiration date of 12/07/10. Was in a 90-day probation period. Insurance due to activate on 12/08/10. Had made my doctor aware of situation. Had an appointment for tests on 12/09/10. Was called in on 11/20/10 and was told to go and have another physical. Even after explaining this to employer I was fired for it. Was this legal? Do I have any legal rights here?
Asked on November 27, 2010 under Employment Labor Law, Georgia
Answers:
MD, Member, California Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
Not sure what blood in urine means per se but if you were in a probationary period for work, you may actually be fired without cause and without recourse. If they discriminated against you, and every state has a specific definition for that, you may have some legal recourse to seek compensation but I am not sure if they can be forced to hire you back. Consider speaking with an unemployment office for benefits while you talk with an attorney who handles such labor law disputes and perhaps you may just be able to get this resolved. The problem is if you signed documentation indicating you can work and have no medical issues and you signed documentation indicating your hiring is contingent on meeting specific physical abilities, you may be out of luck if this diagnosis fits within this documentation. If you are a member of a trucker's union, talk to your union representative for additional information.
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