If I’m an alcoholic and my employer knew this, do I have a case for wrongful termination now that I’ve relapsed?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I’m an alcoholic and my employer knew this, do I have a case for wrongful termination now that I’ve relapsed?
My employer knew this. I had treatment and was clean for over 20 months over which time I excelled at my job, was promoted and given a substantial raise. I recently relapsed and was subsequently fired.
Asked on January 9, 2016 under Employment Labor Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
What do you mean by "relapsed"? If your relapse ocurred only non-work and never affected work, then may well have been illegal disability-based (alcoholism is considered a disability for this purpose) employmet discrimination. In this case, you should speak with the federal EEOC or your state equal/civil rights agency and discuss filing a complaint. BUT if your relapse affected you at work, causing a loss of productivity, absenteeism or lateness, inappropriate behavior at work, drinking on the job, etc., you could be fired: in that case, you are being terminated not for having a medical condition, but for your actions. The law does not require employers to retain employees who miss work, aren't productive, act inappropriately, etc. even if there is a medical cause for that behavior.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.