Fired for Violating Company Policy

[KiltieKemo]

What is the name of your state? Michigan.

After working for one of the big three auto companys for 10 plus years I was terminated for violating a company intergrity policy. I had/have a problem with drinking and while on the road for company business I took off early and spent the rest of the day at the hotel drinking. My manager called me later that day and during the discussion he accused me of being intoxicated. The talk became heated and he told me that we would take care of the matter the next day with Human Resources. Going home the next day I panicked and called the company I was calling on and asked the employees that I had seen to tell my company that I was at their facility later than I was. I know that was wrong but I was not thinking right at that time. My company did call them and they did not back me up, which was the right thing for them to do.

At the meeting which resulted in my termination I did say that I believed that I had a drinking problem and that I was likely an alcholic. They said too bad get help and fired me. I had not had a problem up until this time. I have since joined AA and am working with my wife and family to quit drinking. I have been sober since the incident. What I would like to now is do I have any recourse legally? If I was in the union I would have been in a company sponsered program and still have a job. I have protested the termination through a third party but have not had a determination yet. Please advise.

 

[BelizeBreeze]

Quit drinking, quit making excuses and look for another job.

 

[SuzieWahoozie]

In many cases, alcoholism is covered by the Americans with Disabilities Act (ADA), if it interferes with a major life activity. In your case, it seems that it may as it obviously interfered with your ability to work at the very least. However, there is one caveat to the ADA that most people seem to overlook, and it is this: Just because you have a disability does not mean you must be hired or cannot be fired.

Let's assume for a minute that you DO qualify as disabled under the ADA due to your alcoholism. Had you asked for an accommodation (which you do not mention), your employer is obligated to work with you and attempt to find a reasonable accommodation that would help you do your job in spite of your disability. However, the operative word here is REASONABLE. Allowing you to blow off work early to get liquored up is not reasonable; allowing you to contact clients and ask them to lie to help you cover up your drinking is not reasonable. Besides, you needed to ask for this interactive process BEFORE your drinking got to the level of termination and you didn't. You don't have to be given special treatment because of your disability and I'm pretty certain the company could show that if another employee had acted as you did, they would have been fired, too, so you were not treated "differently" because of your "disability".

Honestly, I don't see any legal recourse for you. Look on the bright side...this may be the best thing that ever happened to you - it has caused you to seek help.

Good luck to you. Keep going to those AA meetings - they will help you.

 

[BelizeBreeze]

In many cases, alcoholism is covered by the Americans with Disabilities Act (ADA), if it interferes with a major life activity. In your case, it seems that it may as it obviously interfered with your ability to work at the very least. However, there is one caveat to the ADA that most people seem to overlook, and it is this: Just because you have a disability does not mean you must be hired or cannot be fired.

Let's assume for a minute that you DO qualify as disabled under the ADA due to your alcoholism. Had you asked for an accommodation (which you do not mention), your employer is obligated to work with you and attempt to find a reasonable accommodation that would help you do your job in spite of your disability. However, the operative word here is REASONABLE. Allowing you to blow off work early to get liquored up is not reasonable; allowing you to contact clients and ask them to lie to help you cover up your drinking is not reasonable. Besides, you needed to ask for this interactive process BEFORE your drinking got to the level of termination and you didn't. You don't have to be given special treatment because of your disability and I'm pretty certain the company could show that if another employee had acted as you did, they would have been fired, too, so you were not treated "differently" because of your "disability".

Honestly, I don't see any legal recourse for you. Look on the bright side...this may be the best thing that ever happened to you - it has caused you to seek help.

Good luck to you. Keep going to those AA meetings - they will help you.

Susie, Susie, Susie....this isn't about drinking...it's about being stupid to drink "ON THE CLOCK" then calling people and asking them to lie for him.

One drunk to another, I wouldn't touch this guy with a keg of 40 year-old Black Label Private Stock.

 

[KiltieKemo]

NO Excuses

I have stopped drinking...I am looking for another job and I don't see me making any excuses for my behavior other than admitting that I have a problem with alcohol. Of course I have to take responsibility for my actions and I admit that what I did was without integrity. However it is almost imposssible for "drunks" to see clearly sometimes until it is too late. As it was in my case. I just wanted to know if there is legal recourse to have my former company to help me now and get a second chance with them. Obviously some people would rather slam an individual on this forum than offer an constructive help. To Suzie...thank you at least for some sensible comments.

 

[rmet4nzkx]

You have no recourse.