I wanted to bring this back to the top of the forum. This agility testing is getting outrageous. Im aware of at least 3 people that have been off for simple injuries under fmla. 1 came back within the 12 weeks and was still required to this agility test. I don't believe that is legal from all my research. Under 12 weeks fmla the company must accept the doctors certification that you can return and perform your job description. Secondly linehaul drivers don't even close to perform heavy duty work like in the test. Under ADA ive read of cases of people at other types of companies fighting this. They've used the fact that only as small percentage of their job requires lifting. In linehaul case only about 1% of the day involves lifting the dolly. You can't require someone to comeback from surgery 100% healed and ready to perforom a million what if tasks far and beyond your normal and average day. I challenge anyone going through this to fight them. Here's another example of the OD dark side. One driver at a terminal I won't name was off for a surgery, shoulder i believe. When he went to come back they sent him for agility test, couldn't do, likely reinjured himself trying as many have done. About 2 weeks later was sent a retirement check. He called the terminal was told come in we'll do a cake for you. He told them he wasn't retiring he would retake test when physically able. He was told he didn't have an option in the matter. He brought a lawsuit against them. Part of the suit was that others from the same terminal had been off for surgeries and not been required to take the test. They first offered to try and settle and he refused and wanted to take them to court. OD lawyers came back and told him if they went to court their solution would be to fire the other 2 guys that had not been made to take the task...to make things "fair." The lawyer agreed that could pass the muster test in court, so last I heard they had made a settlement and this individual was now driving for another carrier. This entire physical test policy is something David Congdon needs to wake up to. People have tries to call him to talk about it and they get a return call from someone in HR, probabaly DeeDee giving quick short answers, not forwarding them to CEO. The company turning routine surgery into career ending is mind blowing. How can you do this to your people when you claim your people are OD. We now have to be extremely careful. The slightest of injuries can result in loss of income to support our families. I could understand if when someone comes back we sign agreement that if we reinjur the area in question that OD is not responsible. But how in good consience can you take their lively hood away. This is a huge deal, and will become bigger. Do research, watch your back, and fight them. This company seems to loose most suits that end up in the court room. I'll reiterate I really like my, I really like this company. But this topic turns my stomach. Sad to see good people ran over by big corporation.