Fitness for Duty USA - Page 1
Forum section: electronics / general

author: LaserSteve
author_rank: Super Contributor
timestamp: September 01, 2022, 05:52:56 pm
content: Anyone been through "Fitness for Duty" testing by a third party on behalf of your employer? Every Labor Law firm  I've called has a prior action against my large public employer. Thus they cannot take me on or advise me. Calls are crashing out to a three county radius. Fastest EEOC interview I can get is 2nd week of January.I know this is not the place, but I need quick advice.Do I have any rights regarding the test or refusing it?Steve

author: coppercone2
author_rank: Super Contributor
timestamp: September 02, 2022, 06:24:10 am
content: I suggest that you get a phone book and just keep calling. A public forum will likely not help you as much as a lawyer. Methodically go through every thing you can find, and I suspect that if its as bad as you say, you can probably find legal representation for not being able to find legal representation. Everyone has the right to legal representation, that is a serious problem. Once you compile a cold call list toabsurdityyou can figure out what to do with it using legal council. That's like a denial of service attack against the legal system, you can't do stuff to make everything 'busy' or 'unavailable', and if you can, that needs to go to state or supreme court, since the employer gained immunity to prosecution through this method, which is not allowed in any rational system of government. I find the situation that you are in absurd.

author: jonpaul
author_rank: Super Contributor
timestamp: September 02, 2022, 07:00:42 am
content: Bonjour à tousNot understanding the full situation, but generally a Lawyer is not the solution, costly and slim chance of success.All law firms must check any prospects of new clients for conflicts with existing cases or clients.Completely normal and required compliance.Suggest better faster and cheaper plan.....Research yourself, contact your local politicians in power, write letters.We used Nolo Self-help Law press books and SW since 1970s, to solve patent, property, and other complex legal issues.https://www.nolo.com/Bon chanceJon

author: coppercone2
author_rank: Super Contributor
timestamp: September 02, 2022, 07:29:35 am
content: you cant just give big old shit that employs alot of people some kinda special powers because its big and occupies everything, its like some kind of legal monopoly

author: tszaboo
author_rank: Super Contributor
timestamp: September 02, 2022, 09:45:57 am
content: Why don't you just take the test?

author: rstofer
author_rank: Super Contributor
timestamp: September 02, 2022, 02:34:30 pm
content: Find out if the tests are legal in your state. In California, they are:https://www.employmentattorneyca.com/am-i-required-to-take-a-fitness-for-duty-exam-in-california/Under Federal law they are as well.The last place I worked had a little on-site medical clinic with a consulting doctor. Although their interests were primarily drug use, they did give a pretty complete pre-employment physical. They did not do a psych exam. It's not clear to me that employment would be declined based on the physical because the work was mostly sedentary (engineering).Evidence of drug use would disqualify an applicant. It was a drug-free workplace and intending to stay that way.

author: themadhippy
author_rank: Super Contributor
timestamp: September 02, 2022, 03:18:52 pm
content: Quotewhat? no coffee on site

author: coppercone2
author_rank: Super Contributor
timestamp: September 02, 2022, 04:04:19 pm
content: well ok the problem is the guy already started calling legal offices and everyone has a right to do that and you can't have a company that just blocks you from doing that . does no one see the problem here? regardless of what the problem/question, its just ridiculous. fat guy taking up every seat on the bus, its hard to even imagine this analogy for people.Do you even wanna work for a place like that? what if something else happens. 'Out of town' lawyers suck ass they don't know the courts in the area. that is the basis for a simpsons episode. what are you gonna do start flying in canadians ?

author: joeqsmith
author_rank: Super Contributor
timestamp: September 03, 2022, 03:05:46 pm
content: Quote from: LaserSteve on September 01, 2022, 05:52:56 pmYes, as a condition of being hired. Sure, I could refuse it but have grown accustom to eating, having a roof over my head and a bed to rest on.I'm sure a few of us have been interviewed for friends with various clearances. I had one friend who left their job over the companies involvement in their personal life (clearance). Another friend who stopped climbing the ladder (higher clearance) for much the same reason. I had an uncle who worked for the government and even towards the end of his life had to have someone with him at all times while out in public.If you wanted to work for a delivery company, I would expect they want to know if you are healthy enough to lift the packages. Random drug testing may also be a condition of employment.You may also be required to sign a non-compete form. I had been employed for several years at one company who decided we needed to sign such a form after the fact. That is the one time I talked with an attorney. Basically to determine if it would hold up in court.

author: Stray Electron
author_rank: Super Contributor
timestamp: September 03, 2022, 03:48:24 pm
content: Quote from: coppercone2 on September 02, 2022, 04:04:19 pmWTF? Have you ever even HAD a job??? EVERY reputable business that I know of REQUIRES those pre-screening tests and most often or the US Gov and /or the companies that they contract to, requires the companies to screen their applicants. if you've ever watched the news and seen the stupid things that drug users do, then you'd know why the companies screen applicants. EVERY defense contractor, any company that requires an employee to drive a vehicle or to operate machinery or to handle money or valuable products has to screen their applicants for very obvious reasons. Even Home Depot requires those tests and IIRC even the local McDonalds does too.If you don't want to take the test then refuse, it's that simple. But don't expect to get many job offers.IF ANYONE knows of any country, state or jurisdiction that DOES NOT allow employers to mandate those tests then I'd like to hear about it. I very serious doubt that there are any.

author: Bud
author_rank: Super Contributor
timestamp: September 03, 2022, 03:50:59 pm
content: Never had it in Canada but I work in IT.

author: Stray Electron
author_rank: Super Contributor
timestamp: September 03, 2022, 04:03:41 pm
content: Quote from: coppercone2 on September 02, 2022, 04:04:19 pmAs a matter of fact, YES.In my company's case, one Canadian, one English and several Swiss. A company that I worked for in Quebec brought in some Swiss, a Haitian, a Portuguese, an American (me), several Indians and other nationalities that I don't recall, and Anglos from other Canadian provinces.H2B visas, they work.If that doesn't work or if they don't want to spend the money, then they can export most jobs to India or other third world countries. Trust me, I've seen it happen over and over again.

author: bdunham7
author_rank: Super Contributor
timestamp: September 03, 2022, 04:28:01 pm
content: Quote from: LaserSteve on September 01, 2022, 05:52:56 pmFWIW, if they represented clientsagainstyour employer, there would likely be no conflict. If they represented your employer or a related party, there likely would be a conflict. So if they are refusing to help you based on a conflict, well you can figure it out.QuoteTry smaller law firms. Your state's bar association likely has a referral service as well. PM me with your particulars if you like and I'll see if I can locate someone. I can't give you any actual legal advice here.QuoteSure, but it is complicated and depends on the specific facts and the nature of your employment. If you are in the defense, nuclear or intelligence sector, the de facto threshold requirements for requiring an FFD are pretty easy to meet.

author: coppercone2
author_rank: Super Contributor
timestamp: September 03, 2022, 05:49:08 pm
content: Quotethis is a huge problem. are you people blind?Usually if you went to the trouble to call lawyers, and its more then one lawyer, you probably need to talk to a lawyer and you do not need someone on a forum to get you to relax. This post is only here because some cthulu bullshit is going on. Its making a decision like "i chose to represent myself in court because I got a busy signal when I called the law office"look, when you actually picked up a phone and called a damn law office, that means something, its not like you tried to order a pizza. No one does this. Go with your initial instinct.

author: PlainName
author_rank: Super Contributor
timestamp: September 03, 2022, 08:21:19 pm
content: QuoteDon't know if they're allowed to in the UK, but I've never taken one.QuoteMaybe I've never worked for a reputable company, despite some being US-affiliated

author: fourfathom
author_rank: Super Contributor
timestamp: September 03, 2022, 08:30:31 pm
content: Quote from: Stray Electron on September 03, 2022, 04:03:41 pmAnd then you all walked into a bar, right? C'mon, don't leave us hanging here...

author: nctnico
author_rank: Super Contributor
timestamp: September 03, 2022, 08:36:35 pm
content: Quote from: Stray Electron on September 03, 2022, 03:48:24 pmProbably all countries except for the US and China won't allow such tests. In the NL it is prohibited to enquire about the applicant's health during a job interview.

author: bdunham7
author_rank: Super Contributor
timestamp: September 03, 2022, 08:45:04 pm
content: Quote from: nctnico on September 03, 2022, 08:36:35 pmSo if I'm applying for pilot job with KLM, I can request the application materials in Braille? You wouldn't enquire about health generally here either (other than drug use) and the whole FFD system is set up with third party providers for the purpose of screening for issues that would make it impossible for the person to perform the job, or to be trusted sufficiently in appropriate cases. I seriously doubt that even in the NL a schizophrenic person with a history of self-destructive behavior is going to be hired a a nuke plant operator even if they ace the interview and tests.

author: TimFox
author_rank: Super Contributor
timestamp: September 03, 2022, 09:13:52 pm
content: In US employment law and the Americans with Disabilities Act (ADA), an employer must make "reasonable accommodations" that "do not cause undue hardship" for employees with disabilities.However, "an employer does not have to eliminate an essential function, i.e., a fundamental duty of the position. This is because a person with a disability who is unable to perform the essential functions, with or without reasonable accommodation, is not a "qualified" individual with a disability within the meaning of the ADA."For the hiring process, again quoting from the government document below,"During the hiring process and before a conditional offer is made, an employer generally may not ask an applicant whether s/he needs a reasonable accommodation for the job, except when the employer knows that an applicant has a disability." and "After a conditional offer of employment is extended, an employer may inquire whether applicants will need reasonable accommodations related to anything connected with the job (i.e., job performance or access to benefits/privileges of the job) as long as all entering employees in the same job category are asked this question."There's lots more in this document, issued as a guide to employers about this subject.https://www.eeoc.gov/laws/guidance/enforcement-guidance-reasonable-accommodation-and-undue-hardship-under-ada

author: LaserSteve
author_rank: Super Contributor
timestamp: September 03, 2022, 09:43:22 pm
content: I found counsel. Took three days of calling around .TimFox, thanks for the PDF. Makes me wonder about a few things that are going on.Steve

author: Wallace Gasiewicz
author_rank: Super Contributor
timestamp: September 03, 2022, 09:47:15 pm
content: There are many reasons for a FFD medical exam. most reasons are necessitated by government regulations in the US.These are things like OSHA regulations for respirator use, confined space entry and hearing protection and lead monitoring in places where lead is used, like battery plants.There are Dept of Transportation requirements for drivers.IN short, the physical exam is necessary in a good number of jobs.FFD exams are done after a job offer.Pre Employment drug testing is another thing and varies across occupations and companies.

author: joeqsmith
author_rank: Super Contributor
timestamp: September 03, 2022, 09:54:50 pm
content: Quote from: LaserSteve on September 03, 2022, 09:43:22 pmI was thinking you would fill in some of the blanks seeing it was your OP.

author: nctnico
author_rank: Super Contributor
timestamp: September 03, 2022, 09:55:00 pm
content: Quote from: bdunham7 on September 03, 2022, 08:45:04 pmWell, those jobs are subject to getting some kind of clearance. Likely this goes through a third party though which does not disclose details to the employer other than go or no-go.

author: bdunham7
author_rank: Super Contributor
timestamp: September 04, 2022, 04:53:20 pm
content: Quote from: nctnico on September 03, 2022, 09:55:00 pmThe third parties conducting an FFD exam are limited in what they can reveal to the employer. More than a go/no-go (because there is a go-with-limitations determination and the conditions of employment can determine what the thresholds are) but pretty much along those lines.