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Hello all, so Monday I received a long awaited Job offer, on the condition that I pass my Pre-Employment physical, now, before I even took the physical, the hiring manager had asked me " have you ever been injured on the job? "
I was taken aback, because I had never been asked that before, I mentioned maybe once or twice in my entire life, ( I had a pipe fall on my during winter when it froze and it hurt my shoulder pretty bad.)
He said they check all databases, ETC, so I should be forthcoming, etc, I was to the best of my knowledge.
Fast forward Tuesday, I was told I was a good fit, and was asked to do a Pre-Employment physical, I went to my physcial and according to the doctor I was in tip top shape, she checked off that I was able to perform all functions of my job, etc.
Excited I went home expecting to be called for my start date, fast forward two days later, and I get a call from company saying their rescinding my offer, because apparently I was injured in Florida four years ago, and I did not disclose that. I truly had forgotten about it.
Just when I thought this job market couldnt get anymore arduous, now my god damned medical past is being used against me.
I am seriously so bummed out by this, im on the verge of homelessness, I have no family in this country, sigh.
Its a catch-22 situation I feel, I have to disclose my injury ( which were no fault of my own ) and probably get declined the position, or fail to disclose them and not get the job.
He said they check all databases, ETC, so I should be forthcoming, etc, I was to the best of my knowledge.
They warned you, not to lie or withhold information, and what you tell them will be checked to find how truthful you are. You failed this very important test as far as they were concerned.
An employer looks at it, as if you would hide an injury that laid you up for a while that the know of, what are you hiding injury or something else that should have been revealed. They don't trust you, and that is why you were not hired. They know at the present time you have cleared a physical that says you are in good and sufficient condition to do the work, but they are not sure how trustworthy you are for not being truthful with them.
Thing is I honestly forgot about the Florida thing, it was such a minor injury, I truly skimmed over it mentally, but to keep my checks and balances I answered " maybe once or twice. "
Can a company ask this? Is this not covered by HIPPA?
Yes
No
"At the "post-offer" stage, an employer may ask about an individual's workers' compensation history, prior sick leave usage, illnesses/diseases, and general physical and mental health. Disability-related questions and medical examinations at the post-offer stage do not have to be related to the job" 42 U.S.C. § 12112(b); 29 C.F.R. § 1630.10.
I'm sorry but I am not buying that you do not remember a workers comp claim if you have only had 1 or 2, I remember every injury I have had that was bad enough for medical attention, including the basics of how they happened and what the result was. Including the 1 workers comp claim I had 21 years ago that was pretty minor considering it only required 2 stitches and did not result in any missed work, including finishing the shift I was working before going to the hospital.
They told you upfront that they will check every record they can, and not to lie to them, you lied, and while it may not have been a bad enough injury for you to think it was important, every workers comp claim is recorded and tracked, and is important when you fail to disclose the injury. If you would have told them the truth you would probably have the job.
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