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[ Active Members: 4 | Guests: 116 ]  [ Total: 120 ]  [ Newest Member: nancyeliza ]
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Author Previous Topic: Part Time help wanted. Machine Shop Topic Next Topic: thank you well wishers!  

defboat

RO# 9541

Posted - Oct 27 2010 :  19:40:42  Show Profile  Reply with Quote
Well, after a 6 month wait, the capt finally had a job offer from a company whose owner knew him from his previous job. Moved his tools in on Wed. and was asked to report for a company physical next day. He has fairly bad asthma and could not complete 5 stairs up and down as fast as you can carrying 60 pounds and stated to the 'attendant' - this is 'unsafe' and I wouldn't allow this in my old job. Attendant had to report the failure. He reports the next day for 'first day on the job' and is told their insurance company advises against his employment (I'm guessing) b/c cap't is upset, of course, etc. and doesn't want to discuss it yet.

So here I am for advice - this being the end of the severance and COBRA cost at $848.00 a month which we cannot afford.

Any advice / suggestions / thoughts?

He's lived with asthma on the job for 38 yrs and it had no bearing on his job...wow...such a shock to a person who has been in one position for 38 yrs...

thanks for any and all advice and suggestions

Homeport: boats in New Castle, NH

floydsfloat

RO# 31069

Posted - Nov 03 2010 :  08:28:24  Show Profile  Reply with Quote
If they make everyone who they considered for the job, do the same 5 stair test with 60 lbs and stated and can demonstrate why it's part of the job criteria, there isn't much you can do concerning the test.

If they only had him do it and no other applicants or there is no reason he should need to carry 60lbs on the job, then you have options.

On a bright side, even after "failing" the test they still want him to report for the 1st day. I'd believe they'd have a hard time justifying termination on the test failure if they decided to still have him report to start the job when they knew prior he "failed" a part of the physical.



Homeport: Virginia Go to Top of Page

jlee815

RO# 27501

Posted - Nov 03 2010 :  08:48:34  Show Profile  Reply with Quote
I am holding out on faith. Insurance companies advise is just that and not a done deal. It works in your favor to know the owner from previous places.

Jason
Doral Prestancia

Homeport: Lake Lanier GA Go to Top of Page

defboat

RO# 9541

Posted - Nov 03 2010 :  17:01:11  Show Profile  Reply with Quote
appreciate the comments. They ended up NOT hiring him and using this as an excuse...oh well...on to unemployment...


Homeport: boats in New Castle, NH Go to Top of Page

froggy3k

RO# 4247

Posted - Nov 03 2010 :  17:52:21  Show Profile  Reply with Quote
So sorry to hear. I fear that kind of stuff everyday. Best of luck to you both.


Homeport: Sunny SW FL Go to Top of Page

floydsfloat

RO# 31069

Posted - Nov 04 2010 :  14:49:13  Show Profile  Reply with Quote
quote:
Originally posted by defboat

appreciate the comments. They ended up NOT hiring him and using this as an excuse...oh well...on to unemployment...

I'd make sure that they didn't just make him take "the stair test". I.E. other applicants took a physical but not specifically the stair thing with 60lbs. If so you have real options.

Still best of luck.


Education NOT Legislation

Homeport: Virginia Go to Top of Page

speedo

RO# 14386

Posted - Nov 04 2010 :  16:03:24  Show Profile  Reply with Quote
Defboat, you might try pinging WaxedElvis. He has some background with rehab and workers' comp, I believe, and he might be able to shed some light on options.

If the employer can't demonstrate that the physical is related to "performing the essential functions of the job, with or without a reasonable accommodation" it might not be a valid pre-employment test. (That's a paraphrase of what the Americans With Disabilites Act (ADA) requires.)

Good luck!


speedo
Redding, CA

Homeport: Go to Top of Page

WaxedElvis

RO# 20940



Posted - Nov 07 2010 :  15:29:43  Show Profile  Reply with Quote
quote:
Originally posted by speedo

Defboat, you might try pinging WaxedElvis. He has some background with rehab and workers' comp, I believe, and he might be able to shed some light on options.

If the employer can't demonstrate that the physical is related to "performing the essential functions of the job, with or without a reasonable accommodation" it might not be a valid pre-employment test. (That's a paraphrase of what the Americans With Disabilites Act (ADA) requires.)

Good luck!



Speedo is right on, the ADA covers these types of things. Sorry I didn't respond sooner I was out of town. Send me a pvt. message if interested, with more detail I may have some thoughts for you.



Homeport: South Louisiana Go to Top of Page

Flutterby

RO# 14378

Posted - Nov 08 2010 :  01:32:40  Show Profile  Reply with Quote
He should go to the doctor to see if his asthma management can be improved. With the correct maintenance drugs, he may be able to pass that type of test.



Homeport: California Sierras/Gold Country Go to Top of Page

defboat

RO# 9541

Posted - Nov 08 2010 :  20:01:07  Show Profile  Reply with Quote
thanks for the well wishes and advice.

The Capn is 60 and has always had asthma...its getting worse with the bad ozone days and heat. He finally went to a pulmonologist thankfully just before we lost the health ins. and he rated Dick's asthma 'severe', and put him on Spiriva, seems to be helping somewhat. but here is the question...what about a job? He's been lucky to have one job for 38 yrs. and any future job test will require a physical / drug / background / etc., the only thing is the asthma. We can't afford for him to retire.

I appreciate all the intelligent advice we get here, you all are great, we have learned so much being part of this community even tho we aren't very 'verbal' on the board)...thank you all, again.



Homeport: boats in New Castle, NH Go to Top of Page

WaxedElvis

RO# 20940



Posted - Nov 08 2010 :  21:02:20  Show Profile  Reply with Quote
Replied to your PM.....


Homeport: South Louisiana Go to Top of Page
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