On what grounds can a person be denied employment?

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On what grounds can a person be denied employment?

I am a certified crane operator of 20 years. I’m 40, healthy, 6’2′, 190 lbs. I intervewied and was hired. I then filled out all paperwork, direct deposit, everything. Going to work the next day had a physical with a year left on my currant card. Examiner notes: needs repair – right hernia. He then told me that they wouldn’t hire. He didn’t give me the card and the company said sorry. I have BCBS insurance. Should different measures be taken before denial of a position?

Asked on October 30, 2010 under Employment Labor Law, Mississippi

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You don't appear to have any legal recourse here.  The reason is that most employment relationships are what is known as "at will"; meaning that you can choose to work for an employer or not and an employer can hire or fire you for any reason or no reason.  While seemingly unfair it's the law.

The exceptions to the above would be if this action was not allowed by virtue of an employment contract, union agreement, or official company policy statement.  Also, discrimination must not have played a role in your termination (i.e., for reasons due to your race, religion, age, disability, sex, national origin).  Unfortunately, none of these appears to apply to your situation.


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