Can they fire you after they hire you??

allnurses Guide · Jul 23, 2009

As long as you can perform the job duties with reasonable accomodation it cannot legally affect you getting the job.

Epona · Jul 23, 2009

Yes. I can perform the job duties. I just did not want someone to see the checked box and freak out and call me and tell me 'sorry, but we cannot hire you... blah.. blah... blah.'

llg, PhD, RN · Jul 23, 2009

To answer the basic question in the OP, the answer is "Yes. They can." They can rescind the job offer before you start work for any number of reasons. For example, if they find that you lied on your application ... or if your criminal background check comes up positive, etc. They can also fire you after you start work if there are problems with your performance. Also, in many states, there is a probabationary period (e.g. 90 days) during which the rules for terminating an employer are very lenient towards the employer -- allowing employers to say "This isn't working out..." without having to go through a lengthy and expensive process of warnings, counseling, suspensions, etc. before firing you.

As for health issues ... there are some laws that provide some protection for people who have health problems that don't prevent them from doing the job. However, that's the key. As a staff nurse, your position may require you to be on your feet, move patients and equipment, etc. A hospital can reasonably require a nurse to be able to do those things. Do you have any physical limitations that would prevent you performing the "manual labor" of nursing? If not, then why do you have a handicapped parking sticker? That handicapped parking sticker is a "red flag" that signifies that you are not physically able to walk the same distances as other people. If you don't really need the sticker ... then get rid of it. Telling your employer that you have a handicap that prevents you from walking from the regular parking lot simultaneously tells them that you can not handle the physical aspects of a staff nurse job. You might not be able to have it both ways. Either you are handicapped and need special parking (and can't do the job of staff nurse) or you can do the job of staff nurse and don't need special parking privileges. If I were an employer, that's how I would look at that parking sticker.

Epona · Jul 23, 2009

Thanks llg. That was very through.

Here's the scoop: it is for a large hosptial, but is actually in one of their doctor's offices. Its' an 8-5 job in an office taking care of children. Good point about the 'floor nursing', but I will not actually be on ward so-to-speak.

As far as the handicapped tag... I only need to use the tag in the morning. Once I take my morning meds, I am good to go. It's just first thing in the morning, I cannot walk long distances. That's when I use the tag. Once I take my meds, I am fine and set for the day.

Like I said, this condition does not stop me from living. In-fact, I work out four times a week at the gym and do the ski machine, treadmill, track and toning machines.

Well I am not sure what to put then, cause technically I am not handicapped, but I use the tag in the morning if I have to walk long distances. Geeezzzz. I don't know.

JaneyW · Jul 23, 2009

Always tell the truth. You have the tag, so it needs to be checked. You can offer the explanation like you did here.

Daytonite, BSN, RN · Jul 23, 2009

i was a manager, so i have some experience with this. an employer can fire you for just about any reason that prevents you from doing the job you were hired to do.

i. . .have had a mild health condition since i was a teenager. will that stop me from getting the job?? they have offered me the job, but i have to do this physical and fill out pre-employment paperwork.

that is to be determined by the physical exam. usually, if there is something specific that will prevent someone from doing the job the person doing the exam will know this and check you out to see that you can do what will be physically required of the job. it is never good to lie about these things because one way or another they get found out.

i recall one nurse who failed to tell the examiner during her physical exam that she had eye problems. however, it became real obvious as a number of nurses worked with her. she was nearly blind! it was amazing that she was able to drive without having an accident. the nurse manager at the time sent her back for a specific eye exam and we never heard from her again because she was terminated. i don't know if it was because of her poor eyesight or if it was because she lied about it on her health form.

i have problems walking long distances too. in fact, i had to quit clinical nursing because i could no longer tolerate the long hours of standing on my feet. i was never able to find enough time to sit down on the job. it was mostly standing. do you have a problem with that as well?

Epona · Jul 23, 2009

Nope. No problems standing. Got through RN school fine. I go to amusement parks, ride coasters, walk around France for hours. No problems. I just have to have my morning meds and I'm gold.

Thanks for the all the input here!

michelleernurse · Jul 23, 2009

It's always best to tell the truth. If you lie they are going to find out anyways and then they are going to fire you. If you tell the truth they still could fire / or refuse to hire you , based on the job responsibilities and all the legal HR issues with work related health conditions....etc. trust me HR knows the legals in/outs that is their job. They might fire you but atleast you told the truth.

Nope. No problems standing. Got through RN school fine. I go to amusement parks, ride coasters, walk around France for hours. No problems. I just have to have my morning meds and I'm gold.
Thanks for the all the input here!

llg, PhD, RN · Jul 23, 2009

trust me HR knows the legals in/outs that is their job. They might fire you but atleast you told the truth.

Yes. Definitely. If you are caught covering something up, lying, etc., it is almost always an automatic termination. No if's, and's, or but's.