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Employment terminated because I have Hep B

20532
Member
Tue, 06 Aug 2013 09:47:43 PM  (Last updated: Wed, 07 Aug 2013 09:45:13 AM)

Dear all, hear me out.

I signed my offer letter two weeks ago, with an September commencement date.However, prior to the commencement of my employment,  I was asked to go through a medical check up and according to my offer letter, my employment is conditional, i.e. that I have to be 'medically fit'. I didn't give it much thought and went ahead with the check up. Turns out, I have Hepatitis B. And as a result, my employment was rescinded. Can they do that? How can I be medically unfit when Hepatitis B isn't even contagious? Are the Malaysian laws on my side? I think the term is very unfair! 

KL Siew
Administrator
Wed, 07 Aug 2013 08:50:20 AM

Well, if that is the condition and you failed the pre-employment medical exam, I think they are not obliged to give you the job. I don't know how you are going to challenge it. Go back to the doctor and let him know the situation,  see whether he can do something for you. Some people can have wrong idea about hepatitis B.

20532
Member
Wed, 07 Aug 2013 09:18:37 AM

Ah but it was the company's panel doctor who certified me as 'medically unfit'. Should I challenge the recission by getting an independent doctor to examine me? My having Hep B doesn't mean I'm unfit for a job as an executive! 

In any case, isn't there a Malaysian law which prohibits such discriminatory temrs of employment! I have resigned from my previous job and made preparations to relocate to work at this new company. Now I have no job and no recourse? 

KL Siew
Administrator
Wed, 07 Aug 2013 09:45:13 AM

You can consult a lawyer for legal advice.

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