Employee Physicals

LPL

[font size="1" color="#FF0000"]LAST EDITED ON 02-15-02 AT 04:09PM (CST)[/font][p]All of our prospective employees are required to pass a pre-employment physical. As a Nursing Home, we are able to offer this service on site. After an employee chooses to terminate his or her employement, or are
in fact, "let go",are we required to give them the physical or a copy of the physical if requested. Can we deny them the physical since it was paid for by the company, or since they are leaving us for other employment. Termination of the employee was not due to the outcome of the physical.

Susan Fentin MA

I don't think you can deny them a copy of the physical, especially if you are using it as a basis for their termination. And why would you want to? It's not private, at least not from them, and it should substantiate the rationale behind your decision to terminate. (If it doesn't you probably should not be using it as a basis for the decision.) If you can explain why you don't want to give this information to the employee, maybe I can help you further. Please send me an email if you would like further information.
Susan Fentin
Associate Editor
Massachusetts Employment Law Letter
[email]sfentin@skoler-abbott.com[/email]

Down_the_Middle

I see no reason to withhold a copy of their physical exam info, unless the termination is predicated on those results and that raises many other questions. I provide terminating employees with a copy if they request it. Happens VERY infrequently.