Can an employer terminate an employee for failing medical test for a planned overseas employment?
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Can an employer terminate an employee for failing medical test for a planned overseas employment?
I was hired 3 months ago to go on an overseas on assignment. Pre-assignment medical test found I have higher than normal condition, let’s say blood pressure. The reason that I was hired was to go on the overseas project. When I accepted I did not know my condition. Employer may or may not have other positions in the local US company. But can employer terminate my employment due to failing a medical test?
Asked on September 28, 2010 under Employment Labor Law, Texas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
This question has many different facets to it and what needs to be focused on is not the medical condition per se, but the condition of employment. The condition of employment here was that you were being hired to go on an overseas assignment and that you were hired specifically, and under the assumption that, you would pass all muster to do so. Now you fail the medical and you no longer qualify or meet the criteria necessary for the job. Do they have a right to let you go? I think that they do. What you want to say is that you are protected from being let go because of a medical condition and it would be discriminatory in some way. I do not think that this is the case here. But I would run the facts - ALL the facts - past an employment attorney in your area. Good luck.
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