How can an employer defend themselves for firing an employee who contends the company exposed him to hazardardous atmospheres although medical testing has been negative?
The employee was hired as a mechanic 5 years ago. Three years ago he began cutting and welding and was potentially exposed to lead and cadmium. For the past two years, there have been many Industrial Hygiene tests conducted and all mechanics have had every medical testing, including urine, blood, x-rays, etc., both initially and annually since, to be sure that no one suffered any ill affects from the potential exposure. One employee continues to want even more testing done, even though the physicians have not found anything. The employee wants a guarantee from the physician and the employer that he will not ever get cancer in his lifetime. The physician and employer cannot give a guarantee like that. How far must the employer go to satisfy the employee? At what point can we simply not supply him with medical screening? What ramifications does the employer expose themselves to if the employee is terminated? We are located in IL, an "employment at will" state, the mechanic is a white male less than 35 years old?
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