can offer of employment be withdrawn

[dobbie64]

What is the name of your state (only U.S. law)? Wa Can an employer withdraw an offer of employment if they find out you sometimes take opiates for pain when you have a legal prescription for the medication, do not take the medication while working, and have no history of drug abuse?

 

[sandyclaus]

What is the name of your state (only U.S. law)? Wa Can an employer withdraw an offer of employment if they find out you sometimes take opiates for pain when you have a legal prescription for the medication, do not take the medication while working, and have no history of drug abuse?

Sure they can. It's not illegal to refuse you employment on that basis.

What kind of work is this that was originally offered and withdrawn?

 

[Ozark_Sophist]

Sure they can. It's not illegal to refuse you employment on that basis.

What kind of work is this that was originally offered and withdrawn?

WRONG. It is very much illegal under the ADAAA. There are potentially some exceptions. OP needs to answer your question, what kind of job?

 

[Proseguru]

They can withdraw an offer for any or no reason .. even IF its improper to withdraw for the reason you stated (ie specially protected reason) you would need to prove this is the actual reason.

Hard to prove.

 

[dobbie64]

Nursing. The offer hasn't yet been withdrawn, but I think it will be. I work 3 12 hour shifts a week. My condition has never interfered with my work (I have worked as a nurse for 12 years). If I feel a flair up coming on I start a course of prednisone (steroids) take motrin, but keep working. Then I rest up on my off days. I do have pain meds if I need them, and I do use them at times. Never at work. My physician signed a release stating that I am "physically and mentally capable of working as a nurse" I also passed a "fit for duty" exam at a facility of the employers choice. I was given a formal offer of employment. I (naive me) told them about the condition when filling out all the paperwork. "What conditions/medications do you have/use?" Everything came to a screeching halt 2 days later. That's when I brought in the release and had the "fit for duty" test.
I am now waiting for word on what happens next. If they call me and say sorry...Is there anything I can do? I would have just moved on, but jobs are scarce right now. We live in a different age, never have I been so scrutinized for a job before. My record stood for itself. (I had never even heard of "fit for duty" testing.

 

[Ozark_Sophist]

Keep track of events/communications in a written record in the event the offer is withdrawn. If it is withdrawn, ask why and see if they will put it in writing.

 

[You Are Guilty]

The specific condition matters. For example, if you are taking pain meds for say, a herniated disc, and your job requires you to be able to lift 50 pounds, there will obviously be some concern whether you are able to perform the duties of the job. It may seem like the concern is the pain pills, but may be just an issue of carrying out your job duties. Going to have to wait and see how this plays out.