Legal Question in Employment Law in California
Hi,I work for Bell Helicopter at Camp Pendleton Ca.I was selected to go to Iraq,went thru training,complete medical screening,was told I had high blood pressure, so they gave me medication.Day before going to Iraq,they checked my blood pressure one more time and was rejected.An US Army doctor told me I had 30 days to get it down.Well, I increased my dosage and had it down in 3 days.However my boss told me I couldnt go at all.He was judge jury and executioner,which is not fair,I am losing 100,000 dollars a year for his actions against.
2 Answers from Attorneys
Did you sign an employment contract? If so, you could have a breach of contract claim. It would be interesting to find out what the termination clause in the contract said and whether the company really followed it properly in deciding not to send you.
If you didn't have an employment contract, it would be harder to bring a claim. You'd be an at-will employee and they could decide to terminate you at any time for any reason as long as the reason isn't discriminatory. Based on the facts you provided the only discrimination I possibly could see is disability discrimination (i.e. not accommodating you properly because of your high blood pressure). You didn't provide enough facts though to properly evaluate this claim. It would be a complicated claim to bring.
Given the amount of money involved, it may make sense for you to meet with a plaintiff-side labor lawyer and discuss your claim in detail. An analysis of your potential contract and discrimination claims requires a detailed discussion of the facts in your case that is not appropriate to have in a public forum like this one.
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