What can be done regarding false results?

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What can be done regarding false results?

I quit my job for another job that I was promised and already got an offer of employment for but when I did

my physical I apparently failed my PFT according to their test place but I didn’t agree so I went to another

place on my expense and I passed it. However, now they won’t employ me because of the first result. So I’m stuck with no job and no money. What can be done? Also, a PFT is not needed for my business of work I’m in. Will never use a respirator.

Asked on February 2, 2019 under Employment Labor Law, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

There really isn't anything you can do about this. An offer of employment is not the same thing as a guaranty of employment or employment contract. Employment in this country, save when you have a written employment contract, is "employment at will." That means, among other things, that the employer has 100% discretion on who to hire and can refuse to hire (or can rescind an existing offer) for pretty much any reason, including failing a PFT test required of employees.


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