General Discussion

Yo_Mama

(8,303 posts)

75. I think you're right

Thu Feb 9, 2012, 11:54 AM

Feb 2012

But it does not make me happy and it does support the idea that MarianJack has a legitimate legal claim here.

If he can establish a pattern or practice he may be able to overcome what is going to be a hefty burden of proof.

The bottom line here is that federal employment law states that you CAN'T disqualify someone from a position if they do meet the specified requirements, and MarianJack does.

Adding a layer of plausible deniability to the process through a medical intermediary does not evade the legal requirement. Proving that this is what they are doing will be difficult.

Edit history

Please sign in to view edit histories.

Recommendations

0 members have recommended this reply (displayed in chronological order):

112 replies

= new reply since forum marked as read

Highlight:

UPDATED. Some quack BASTARD of a "doctor" REALLY screwed my family and I today... [View all] MarianJack Feb 2012 OP

Rat bastards, they're everywhere. sakabatou Feb 2012 #1

One is certainly here in Maine! MarianJack Feb 2012 #7

I know the physical you speak of . I have to go through one everytime I get a job working with Justice wanted Feb 2012 #2

Thank you, and... MarianJack Feb 2012 #8

Sorry you're having to go through all this crap MJ... Surya Gayatri Feb 2012 #3

Thank you MarianJack Feb 2012 #9

Are things actually bad enough in the good old USA kickysnana Feb 2012 #4

Thank you,kickysana. MarianJack Feb 2012 #10

Best of luck. nt. Mr_Jefferson_24 Feb 2012 #5

Thanks! MarianJack Feb 2012 #11

I just went through the same physical Maine-ah Feb 2012 #6

Thanks Maine-ah. MarianJack Feb 2012 #12

Whatever happens, good for you for fighting back lunatica Feb 2012 #13

This "doctor"... MarianJack Feb 2012 #15

I don't understand Dorian Gray Feb 2012 #68

The employer has a contract with these numbskulls. MarianJack Feb 2012 #69

I guess Dorian Gray Feb 2012 #97

I will. MarianJack Feb 2012 #102

Employers, especially state and local agencies, usually use their own doctor obamanut2012 Feb 2012 #83

Thanks for the explanation Dorian Gray Feb 2012 #98

Thank you for the clarification, obamanut2012. MarianJack Feb 2012 #103

Aw, shit. That just sucks. I hope things work out, this sounds like a really good opportunity. n/t renie408 Feb 2012 #14

It certainly IS a good opportunity... MarianJack Feb 2012 #16

+1 truebrit71 Feb 2012 #19

You speak truth, truebrit71! MarianJack Feb 2012 #21

Update, as of an hour ago... MarianJack Feb 2012 #17

Can your doctor also fax that to the agency your are applying to? Matariki Feb 2012 #18

The HR people claim that... MarianJack Feb 2012 #20

Well, good luck Matariki Feb 2012 #22

Thank you, Matariki! MarianJack Feb 2012 #23

That Dr. probably has a relative or friend that wants the job too... That happens! Auntie Bush Feb 2012 #94

On what basis would you sue? Joe the Revelator Feb 2012 #45

Whatever basis an attorney advises me to do. MarianJack Feb 2012 #46

Unless you can prove malicious intent obamanut2012 Feb 2012 #47

Possibly MarianJack Feb 2012 #49

The legal system caused this Broderick Feb 2012 #67

Maybe I can get someone who can remedy this... MarianJack Feb 2012 #70

Businesses are so wary of potential lawsuits all the time it seems Broderick Feb 2012 #71

They are attempting to cover their asses from lawsuits,... MarianJack Feb 2012 #72

Seems rather unfair Broderick Feb 2012 #78

Sanity Reigns. MarianJack Feb 2012 #80

I think you're right Yo_Mama Feb 2012 #75

Yeah, I would assume so in what little I know that it would be Broderick Feb 2012 #79

A desire to provide for my family MarianJack Feb 2012 #82

The more I think about this Yo_Mama Feb 2012 #95

Right! MarianJack Feb 2012 #81

I think you will be shocked at how limited your options are... Joe the Revelator Feb 2012 #48

We'll see. MarianJack Feb 2012 #51

Exactly, because this isn't a question of misusing biometrics obamanut2012 Feb 2012 #55

I have my fingers and toes crossed for you! nt Mojorabbit Feb 2012 #58

Thank you, Mojorabbit. MarianJack Feb 2012 #62

see the lawyer first, it can't hurt Motown_Johnny Feb 2012 #26

I've left a message with the Medical Director... MarianJack Feb 2012 #77

Your real dr. cleared you for "moderate physical activity"? Is that a restriction? Honeycombe8 Feb 2012 #54

The question about my cold was obvious,... MarianJack Feb 2012 #63

Best of luck Yo_Mama Feb 2012 #74

Thank You, Yo_Mama MarianJack Feb 2012 #76

Lemme ge this straight ... IggleDoer Feb 2012 #24

I didn't understand it either sammytko Feb 2012 #25

Certainly something I've learned. MarianJack Feb 2012 #28

Patient gave an example. Doctor decided example wasn't reasonable. Occulus Feb 2012 #50

THANK YOU, Occulus! MarianJack Feb 2012 #52

At NO point did I ask this person to lie for me. MarianJack Feb 2012 #27

Why don't you read it again.. sendero Feb 2012 #33

Thank you, sendro. MarianJack Feb 2012 #36

What were you reading? Curmudgeoness Feb 2012 #38

Thank You, Curmudgeness! MarianJack Feb 2012 #53

No, no, no Yo_Mama Feb 2012 #73

Thank ayou again, Yo_Mama! MarianJack Feb 2012 #90

I am sorry for all this--what an asshole. I'd be livid, too. TwilightGardener Feb 2012 #29

I definitely will TwilightGardiner! MarianJack Feb 2012 #30

You need to tell the medical director that the dr doesn't listen very well, Ilsa Feb 2012 #31

Thank you, Ilsa MarianJack Feb 2012 #35

Some progress was made today, Ilsa MarianJack Feb 2012 #92

This is great news, just to get the attention Ilsa Feb 2012 #104

Thanx, Ilsa! MarianJack Feb 2012 #106

Sue the doctor for defamation and discrimination The Second Stone Feb 2012 #32

ADA means reasonable accommodations to perform job duties REP Feb 2012 #34

The OP was pretty clear that the job did not require a young athlete The Second Stone Feb 2012 #59

That's not an ADA issue then; it's an EOE one REP Feb 2012 #60

Mr. Mittel may well be the one I contact. MarianJack Feb 2012 #37

That seems to be the issue dana_b Feb 2012 #88

Moderate Physical activity in the sense that I couldn't take something like a warehouse job. MarianJack Feb 2012 #91

Well hopefully you gave that doctor a cold tawadi Feb 2012 #39

If I wind up getting the job,.. MarianJack Feb 2012 #40

Good luck tawadi Feb 2012 #41

Thank You, tawadi. MarianJack Feb 2012 #42

LOL you're BAD DiverDave Feb 2012 #87

go after his stupid ass! Whisp Feb 2012 #43

I'm going after him with every legal resource I can find. MarianJack Feb 2012 #44

What's his motivation for doing that? maximusveritas Feb 2012 #56

At this point,... MarianJack Feb 2012 #66

I agree with you. dotymed Feb 2012 #57

$16 an hour. MarianJack Feb 2012 #65

Please don't take this the wrong way, but JayhawkSD Feb 2012 #61

I was answering his question. MarianJack Feb 2012 #64

I'm curious, though JayhawkSD Feb 2012 #96

If I recall,... MarianJack Feb 2012 #101

I think the poster volunteered too much info sammytko Feb 2012 #93

A word of caution before initiating any litigation Freddie Stubbs Feb 2012 #84

After 2 days of cooling off,... MarianJack Feb 2012 #85

any new news? Motown_Johnny Feb 2012 #86

I sopke to the medical director late this afternoon. MarianJack Feb 2012 #89

It's about time someone finally fought back. Zalatix Feb 2012 #99

I may have some evidence... MarianJack Feb 2012 #100

Go for the throat! Zalatix Feb 2012 #105

My first approach when things get adversarial with a totally unreasonable person... MarianJack Feb 2012 #107

Whatever happened with this matter, MarianJack? Any update? nt Honeycombe8 Feb 2012 #108

I was going to post an update (or a new thread) tomorrow. MarianJack Feb 2012 #109

k&r Liberal_in_LA Feb 2012 #110

Thank You, Liberal_in_LA! MarianJack Feb 2012 #111

Keep your eyes peeled for a new thread update... MarianJack Feb 2012 #112