Medical Termination & Bad Reference

[matbo]

What is the name of your state? Tennessee

I was terminated from my position as a General Manager of a restaurant in May 2005. First of all, I disagreed with the termination and felt that there was some underlying reason (this story is too long to post) they were letting me go, afterall, I did have the most profitable store in the area. I have not been able find new employment since and even began looking into part-time jobs at retail stores to help out the family finances until more permanent work could be found. I have checked back with one of the retail stores several times and last week when I spoke to the general manager at this store he told me that he couldn't hire me because I was a health risk. He said his District Manager found out from my references that my dad had died from cancer and that I had had a scare earlier this year. Yes, I did miss a few days of work and have some tests performed, all of which came back clean, but can my previous employer give such a reference with detailed, personal information? I'm wondering now if this was the underlying reason for my termination.

 

[cbg]

The ONE thing that an employer is prohibited from giving to a prospective employer in a reference is any medical information they may have on file.

Unfortunately, I'm not certain which is the regulatory agency for such a violation. Since the underlying law is the ADA it might be the EEOC but I'm not certain. You might want to speak with an employment attorney in your state.

 

[mlane58]

cbg,

I am probably off base but On October 17, 2005, the U.S. Equal Employment Opportunity Commission (EEOC) issued new guidance for employers concerning a lesser-known provision of the Americans with Disabilities Act (ADA) that protects individual who are not disabled themselves, but who have a “relationship or association” with a disabled individual (e.g., as a parent of a disabled child).

Since the EEOC has passed the guidance, wouldn't they be the agency that enforces any ADA violation or it could still be the DOL.

 

[cbg]

As I suggested, it might be the EEOC since the underlying law being violated falls under their jurisdiction. However, since this is not exactly discrimination or harassment, I'm not sure it's on their list. It's worth a try or a local attorney might have some other suggestions.