I MUST ADD I do not smoke pot never have never will. I DO TAKE THE MARINOL FOR "OFF LABEL" USE-WHICH IS FDA APPROVED FOR WEIGHT LOSS NONRESPONSIVE TO MANY MANY OTHER MEDS(with my diagnosis).. Even tho I do have many medical ailments, I do not miss much work I have always worked full time nights-12 hour shifts-with six kids. and a single mom to boot!! I know the "false positive" on the THC urine drug test is "NULL & VOID"-but, the offer was withdrawn based on that medication-period!!! And, no I have not jumped into sueing them--this actually happened last November and I am getting ideas of whatto do, how to do it and make sure NO ONE else goes thru what I went thru. I worked at the same hospital for 25 years and took this other JOB at a different hospital--and BAMMMM!!! I got shut out-and now my old hospital has no openings. I like the comment that my thought process was--uh disorganized?? thanks for that!! Made MY day!! I am perhaps the MOST organized person in the world !!
2007-05-03 14:29:52 · 6 answers · asked by californiagirl 1 in Politics & Government ➔ Law & Ethics
As you are entrusted with the lives of others, yes, the can withdraw a job offer is you are on any medication where they feel that you mental faculties will be impaired.
As RNs are in high demand, a better solution would be to get off the off-label Marinol and apply for other jobs.
2007-05-04 03:54:13 · answer #1 · answered by bottleblondemama 7 · 0⤊ 1⤋
If you did not sign a contract for employment, and were not hired, (i.e., had your first day of work), you have no legal recourse. A job offer can be revoked at any time prior to the start date by the employer - it is their right. Are you sure that the job offer was not made pending the results of the drug testing? The discrimination claim you may or may not have would only be as good as your ability to prove that you were discriminated against - I'm not sure that these circumstances rise to the level of that. In hiring matters, discrimination can easily be circumvented by employers by saying that it was their opinion that this applicant was not fit or able to perform the duties of the job or a candidate that was better qualified and more able was a better fit for the position. You can't make someone hire you. A paraplegic may want to drive a truck for a living and may well be able to drive a truck for a living with the right accommodations - if a trucking company does not hire him over all other applicants it does not necessarily constitute discrimination based on his disability. Age and disability discrimination are easier cases to claim and potentially prove when you've been fired from a job rather than when you haven't been hired for a job. If this happened in November, it is time for you to move on and find a job in a place where you will be valued and happy. The longer you stew in this, the more your hard-won nursing skills will get rusty. Get back in the game! Good luck to you!
2007-05-03 15:20:47 · answer #2 · answered by Anonymous · 0⤊ 1⤋
Employers can't discriminate against someone due to health issues. That is illegal.
Is the marinol prescribed? Get a note from the authorizing doctor, and then use that as evidence, as well as their reasoning. My understanding is that if there is a doctor's authorization for a medication that shows up in a drug test, then the test itself can't be a deciding factor on the decision to hire. But I would get written authorization for the med from the doctor that gave it to you. I think that is your safest bet. Then I would speak to a lawyer that specializes in labor issues, and knows the human resource laws.
2007-05-03 14:42:36 · answer #3 · answered by volleyballchick (cowards block) 7 · 0⤊ 1⤋
That is one for an attorney, but if they offered you the job and later withdrew it it probably is a violation of many laws, most federal and most dealing with discrimination, and their sounds like several in your case!
When I applied to a nursing home after nursing school, this was long ago, they refused to allow me to fill out an application as I was male. I complained to the government and was given an agreed upon settlement,
Bet they allowed all males to submit theirs then, even though they probably threw them in a waste can!
2007-05-03 14:40:31 · answer #4 · answered by cantcu 7 · 0⤊ 0⤋
seem for yet another job. Sorry to be so blunt. yet till you the position employed you do not have any job. no matter if you the position employed, with the merger, you'd be between the first out the door. you would of performed your section, yet through merger the organisation you the position operating without longer exists and as such neither does the job.
2016-11-25 00:34:00 · answer #5 · answered by leister 4 · 0⤊ 0⤋
Sounds like the 40-ish cut off,your expendable.
2007-05-03 14:39:41 · answer #6 · answered by Anonymous · 0⤊ 1⤋