Nursing job rescinded due to past surgeries???

[docpsychrn]

i was offered a position at a local hospital a few weeks ago. i put in my notice to my current job and prepared to work for the new job. the doctor that did my physical decided that i was not medically cleared to do the new job and they rescinded my offer. first of all, what are my rights here? the issue at hand is my numerous hernia repairs through the years. i have worked for the old hospital for 2 years after the last hernia repair and have never been written up for any work performance issues. is this discrimination? i got notes from my attending physicians clearing me but the doctor at the new job disregarded any information from my attending. what do i do? how do i approach this? can i use my short term disability through the hospital that i worked for? by the way....this was simply a transfer from one hospital to another sister hospital.....so i am still in the system.

[caliotter3]

I would check with an employment attorney.

[Esme12, ASN, BSN, RN]

i was offered a position at a local hospital a few weeks ago. i put in my notice to my current job and prepared to work for the new job. the doctor that did my physical decided that i was not medically cleared to do the new job and they rescinded my offer. first of all, what are my rights here? the issue at hand is my numerous hernia repairs through the years. i have worked for the old hospital for 2 years after the last hernia repair and have never been written up for any work performance issues. is this discrimination? i got notes from my attending physicians clearing me but the doctor at the new job disregarded any information from my attending. what do i do? how do i approach this? can i use my short term disability through the hospital that i worked for? by the way....this was simply a transfer from one hospital to another sister hospital.....so i am still in the system.

why would you need your short term disability? you were denied a job, they rescinded the position. nothing has made you "disabled". most job offers are pending "medical exam" to deem that you are capable of performing the job. so far no issue. if this was truly a transfer......my question is why did they need a physical exam in you were already employed with the system there should be no reason to deem your health adequate for the job.

was the "new job vastly different in physical demand that they needed to be sure you could perform the duties within the job? did you have these surgeries with this system? are they trying to weed you out for past medical issues? that's where you need to speak to an employment discrimination attorney. there are very specific laws involved in declaring someone unfit or incapable to do a job and not provide reasonable accommodation.

i will say, however, hospitals are pretty good at not behaving properly and doing what they want just barely within the letter of the law. it is very difficult bringing suit against a hospital and finding a lawyer to do it pro-bono (it is very costly otherwise) unless you have a ton of disposable income (personal experience). you will also run the risk of becoming "infamous" amongst other hospitals as a "trouble maker". can they share that information? the answer is no. the harsh reality is that they do......with an appalling lack of conscience and morality.

does it stink? yes. is it fair? no does it happen? yes. talk to a lawyer, go back to your old , never put in notice until you have that final offer after the employee health screen.

i wish you the best.