Asked on Sep 06th, 2012 on Business Law - California
More details to this question:
I am a disabled vet and use a cane. I was offered a job and signed an offer letter which included start date, salary, etc. and stated the job was contingent upon passing a drug test and background check. I passed both. A premployment physical was also required, even though it was not stated in the offer letter. The company physician asked for a letter of clearance to perform the job duties, in spite of my disability, which my VA doctor provided. The company doctor then cleared me, but made restrictions that would prevent me from performing the new job, in spite of my VA doctor's and my assurances. I went to my job interviews using the cane. I was asked a number of illegal questions about my disability which I answered anyway to assure them it would not be a problem. Based on a signed offer letter I paid $6K to relocate to a new city and quit my old job. Now i am unemployed and homeless. Is there any legal remedy?
It is not readily possible to answer your question from the limited facts provided. These kinds of situations occur fairly often and are heartbreaking.
First, as a general matter, an employer is free to withdraw an offer of employment at any time, and, even if employment has commenced, may terminate the employment at any time. The only limitation on these employer actions based on the "at will" employment doctrine is thai the employer may not exercise its largely unfettered right to terminate in a discriminatory manner. Whether you were discriminated against in a fashion that the law recognizes is a question of fact.
When a person has a disability and that person is capable of performing the job functions with or without a reasonable accommodation, the disability may not be used as the basis of an adverse job action. However, if the employee cannot perform the job functions even with a reasonable accommodation, the employer need not employ that person.
Here, there is conflicting evidence regarding your ability to perform the job functions. While a VA physician "cleared" you (that is not a legal term of art -- presumably it means that you will not hurt yourself doing the job), he made no determination that you were able to perform the job in the manner required by the employer. Indeed, he could not know. The employer's physician determined that you were not able to perform the job in the manner apparently needed by the employer.
So you have a huge set of questions of fact, which you have not shared in detail. Among other things, we have no idea what, if anything, about the job (that the employer requires) its physician found you unable to perform.
You will wish to discuss these issues with an attorney who practices plaintiff's-side employment law. Providing a more detailed response, based on more detailed facts, is really beyond the scope of a general forum like this.
Consumers can use this platform to pose legal questions to real lawyers and receive free insights.
Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.