Can a company be sued if they don’t hire a prior substance abuser?
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Can a company be sued if they don’t hire a prior substance abuser?
They successfully completed a rehab program.
Asked on January 13, 2011 under Employment Labor Law, California
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No they cannot. The reason is that most employment relationships are what is known as "at will"; meaning that you can choose to work for an employer or not, and an employer can hire or fire you for any reason, a bad reason, or no reason at all. While seemingly unfair it's the law.
The exceptions to the above would be if this action violated company policy or a union agreement. Also, discrimination must not have played a role in your termination; in other words you must be in protected class to have legal recourse for a non-hire. Employment discrimination is based on reasons having to do with age, race, religion, gender, and the like. Being a recovered substance abuser does not put you in such a protected class.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
No they cannot. The reason is that most employment relationships are what is known as "at will"; meaning that you can choose to work for an employer or not, and an employer can hire or fire you for any reason, a bad reason, or no reason at all. While seemingly unfair it's the law.
The exceptions to the above would be if this action violated company policy or a union agreement. Also, discrimination must not have played a role in your termination; in other words you must be in protected class to have legal recourse for a non-hire. Employment discrimination is based on reasons having to do with age, race, religion, gender, and the like. Being a recovered substance abuser does not put you in such a protected class.
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