Can they rescind job offer due to this at employee physical?

wildmountainchild · Apr 18, 2008

When I was still an EMT and went to work for an EMS company I was upfront and honest. I told them I was on vicodin, provided the prescription (via the bottle) and when I was tested they knew I would come up positive. No big deal. I was still hired. No one seemed to care.

I don't think they can deny employment for a valid, doctor managed medical condition. But I honestly don't know for sure. I don't need them anymore so it hasn't been an issue.

suanna · Apr 18, 2008

Sure, they can deny you a position if they feel your health problem will be more of a expense than your skills would be an asset. You still have to be up front about your health issues. Most interviews I have been in have asked if I had any health issues that could interfere with my job responsibilities. If you say no, and have chronic back pain issues that have required treatment you could later be fired for falsifying your application.

TiffyRN, BSN, PhD · Apr 18, 2008

I worked for one hospital that had the strictest policy regarding controlled meds I had ever heard of.

1. You obviously had to have a valid prescription for the med.

2. You had to have a letter from your doctor pinky swearing that taking this med would never interfere with your performance.

3. You still were not permitted to take this med within 12 hrs of the start of your shift.

4. With all that, you still had to have a "clean" drug screen before the start of orientation.

I had a valid prescription for a very temporary benzo I was taking at the time and thankfully my urine screen came up clean or I would have had to return and provide another sample and put off orientation until it was clean.

I found it ironic that they didn't want you taking 1/2 an ambien to help you sleep during the day to work that night but you could take all you wanted of anything else not controlled (elavil, benadryl, haldol, etc. . .)

And I'm pretty sure an employer can rescind a job offer for many many reasons as long as they aren't those federally protected categories (race, gender, etc. . .)

TiffyRN, BSN, PhD · Apr 18, 2008

One more thing to add about that same hospital that I mentioned in my previous post, They wouldn't hire anyone with a recent history of orthopedic issues like back, neck, knees. They extensively questioned me because I had seen a chiropractor off and on for years, they decided to not make an issue of it because I didn't have an actual injury (as they read it; workman's comp claim) and I hadn't been to one for over a year, but that was only because I had been traveling and hadn't really settled anywhere and found a new chiropractor.

One actually had to test lift a weight for them during your physical to prove you could easily do so (I think it was a 20# weight).

Having said all these bad things, I really liked that hospital and would work for them again, they just have some really nutty policies.

elkpark · Apr 18, 2008

I'm sure they have their employment process set up so it wouldn't even be a matter of "rescinding" an offer -- every place I've ever worked, the facility has been very clear that a formal job offer is contingent upon you passing the pre-employment physical.

Yes, they have the right to do that. They can choose not to employ you for any reason they choose, as long as it's not a reason covered by federal or state employment law. Plenty of employers make an effort to avoid hiring people whom they think are going to miss a lot of work or cost a lot in healthcare costs, and that's part of the purpose of doing a pre-employment physical, to screen for those people.

RNOTODAY, BSN, RN · Apr 18, 2008

Hmmm ....I thought so, actually. Thank you very much for all of your insight.

Does anybody know how long such substances stay in your urine?

BlueRidgeHomeRN · Apr 18, 2008

hmmm ....i thought so, actually. thank you very much for all of your insight.
does anybody know how long such substances stay in your urine?

without offering medical advice, when i was doing employee drug collection as a certified screener (in the nuclear industry, i might add...), we asked for a list of rx's taken in last 30 days.

and--a "positive" screen is only positive after a certified medical review officer (md or do with specialized certification) has reviewed the actual results and talked to the employee. pcp and thc aside, there was never a problem if a rx could be provided, and hr rec's the screen as "negative":twocents:

SuesquatchRN, BSN, RN · Apr 18, 2008

I take an a/d and benzo. I always tell them. It's never a problem.

New2ER · Apr 18, 2008

the facility has been very clear that a formal job offer is contingent upon you passing the pre-employment physical.

I'm rather appalled at this. I have had offered contingent on passing background screens and visa or work permits but never on passing a physical. I have MS, obviously I will tell my job this at my physical. Right now I have no symptoms and can do my job perfectly. Might it affect my job later, possibly - but it would be illegal, not to mention immoral, for an employer not to provide the offered job based on the fact that I "might" be affected by my physical condition later. There is nothing to prevent healthy staff from developing medical conditions, chronic or otherwise, in the future.

At my last job I disclosed a previous back injury, I was required to obtain a note from a doctor that I would be able to work. That's fine. But the offer wasn't rescinded due to that.

I was under the impression that the physical is mainly for the insurance companies.

TiredMD · Apr 18, 2008

2. You had to have a letter from your doctor pinky swearing that taking this med would never interfere with your performance.

I would never in a million years write this letter, and I can't imagine why any physician would. It's like sticking a "sue me" letter to your back.

Blee O'Myacin, BSN, RN · Apr 18, 2008

I am chuckling over the the hospital mentioned by a previous poster that does not hire nurses with prior neck, knee and back issues. So in other words, they only hire new grads with no prior patient contact experience? Or I suppose this hospital has a "lift team" (those elusive, mythical teams...) so no one gets a strain?? :lol2:

Blee

PS - OP, if you are honest about what you are taking and have a prescription, then there is no problem. I think that being able to not take your meds until they are "out of your system" suggests that you are attempting to cover something up. At least, that's how it sounds no matter your true motives. If I were a manager, I'd rather hire a nurse who is upfront about their PRN prescription for xanax and comes up + for benzos then a person who denies taking anything in preparation for a drug screen.