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Dan Schmitz

Maybe someone can help with this question. in 2012 I was injured at work and after having my knees x-rayed the doctor said I needed 2 total knee replacements. Bone on Bone on both knees. My job paid for one because I reported that knee had sever pain in it. I did not report the other one until later. I had my left knee replaced and was ready to return to work but was terminated after 18 years being with this company as a delivery driver , for my injury and they say I could not perform my work duties. Running up and down a ramp coming out of a trailer and hauling loads with a hand dolly that weight up to 300 lbs each. Now I filed to have my right knee replaced but the industrial commission denied it. I am appealing . Question is. Should a employer be responsible for a injury that was brought on from the years of your work requirement? even if you no longer employed there ? Please help.

June 25 2014 at 10:39 PM Report abuse rate up rate down Reply

What rock has the author of this fluff piece been living under? Pre-employment physicals are not new. Back in the 1960s I underwent several prior to being hired.

October 01 2013 at 10:51 AM Report abuse rate up rate down Reply

Medical employers have the obligation to hire the best qualified individuals, those that can't pass the entry level test administered by employers need to study harder or choose another field. The old mantra of discrimination is wearing thin after forty years.

July 29 2013 at 10:27 PM Report abuse -1 rate up rate down Reply

This is all well and good. Laws to protect against discrimination look good on the books. Try and prove age discrimination. Go ahead, I dare ya! And....good luck with that. Short of an employer saying outright, "I fired you because you're forty eight and I want to work only with people under 30!" (my case, clear because all the new hires were straight out of college, all the promotions went to people with one to two years of work experience and no management experience. Director of the department SHOULD be 26, with a degree unrelated to the field..(education)..and no experience directing a staff or managing resources...of course..)) you are flat out of luck proving that you're being fired was because of your age.

June 12 2013 at 10:32 AM Report abuse rate up rate down Reply
Buddy Maxwell

This stinks! Like, I was denied a job working in an Atlantic City Casino because my grandfather was a convicted rumrunner during the prohibition era. Well, he had at least a street named after him for posterity anyway. LOL

June 12 2013 at 8:01 AM Report abuse rate up rate down Reply

i was fired when i became pregnant...i was out on short term , cause my job required i lift 50-70 lbs all day long and my doc said NO WAY...and put me on a restriction..jardens said..well we dont have a position for you and put me on short term...fine...but the short term dissability place said...pregnancy is not a reason to have a wieght lifting restriction!!! and denied me i was fired..nothing i could do!!!

June 12 2013 at 5:21 AM Report abuse rate up rate down Reply
2 replies to J.W.'s comment

That doesn't sound right J.W. I'd suggest talking to an attorney in your state that handles disability insurance claims. Once you're cleared to go back to work, the company can't deny an available position to you just because you had a baby. If there's something available then, I'd suggest applying for it. If they deny it, you might have a pregnancy discrimination claim. If you worked at least a year and the company has more than 50 employees, you might also have a Family and Medical Leave Act claim. An employee-side employment lawyer in your state could advise you on this.

June 12 2013 at 10:30 AM Report abuse +1 rate up rate down Reply

Not sure how long ago this happened, but there absolutely is something you can do. SUE them, period, there are laws in this country that clearly protect pregnant women on the job. Good Luck!!

July 29 2013 at 11:31 AM Report abuse rate up rate down Reply

This is nothing new. Thirty years ago we had to undergo a complete physical exam before being hired.

June 12 2013 at 3:19 AM Report abuse rate up rate down Reply

My niece has a genetic disorder and when her employer found out, they let her go citing her medical issues.

June 12 2013 at 1:17 AM Report abuse rate up rate down Reply
1 reply to mba78's comment

Hi mba78. She might want to talk to an employee-side employment lawyer in her state. She may have a legal claim.

June 12 2013 at 10:27 AM Report abuse +1 rate up rate down Reply

First employers want to stalk you online for information and now they want to get under your skin. When are we going to fight back?

June 12 2013 at 12:25 AM Report abuse +1 rate up rate down Reply
1 reply to pineconeposter's comment

We got a government full of crooks that are bringing the whole thing down around us and you get upset over this? Ok, take heart. After it happens there will be a lot of shovel ready jobs for "slave labor" and you wont need a physical.

June 12 2013 at 7:29 AM Report abuse rate up rate down Reply
Bob Shull.

I wish life would be fair for all of us but that will never happen. I have decided to try to enjoy the beauty in this world and try my best to avoid the ugliness that is all around us. We all have good days and bad days and we should cherish the good and deal as best as we can with the bad.God Bless.

June 11 2013 at 11:11 PM Report abuse +1 rate up rate down Reply

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