Have not been allowed to come to work because of alcoholism off the job

[rsflores9]

What is the name of your state (only U.S. law)? TEXAS

The employee "assistance" provider for my company has been dragging out my return to my job on the grounds that I'm an alcoholic, and must go through rehab before they allow me to go to work. I cut down on my drinking and have it under control at this point in my life. I have never come to work under the influence, nor are my family or friends in any danger by being around me. Is it reasonable, because I had a depressive episode as a result of my medication changes on May 20, to keep me out of work because of an activity that I engage in at a normal rate? Is it legal for them to stop me from doing what every individual in this country over the age of 21 is allowed to do?

 

[cbg]

This is a very, very tricky area of law, but the bottom line is that yes, it is quite possible that your employer is acting legally. If the EAP is involved, that suggests that your drinking is affecting your job regardless of whether you have been actually under the influence at work or not.

 

[rsflores9]

Re:

If this were the first time in 5 years of working at this company that such an incident occurred, and that I have been diagnosed with major depressive disorder and bi-polar disorder, is their refusal to allow me back to work still legal, if they have no proof beyond a reasonable doubt that I had been under the influence within 7 days before or after my depressive episode?

Is is legal, after I go through rehab and tell them I have quit entirely, for them to pry into my personal life, should I decide to drink at any point after I have been allowed to return to work?

And is it legal for them to stop me from coming to work, if I can prove that more than half of my co-workers drink more frequently than I ever did?

Would this be the case if, say, a diabetic that MUST take shots to keep their condition stable chooses not to, because of an aversion to needles?

I have been evaluated by a clinical psychologist, a psychiatrist, a substance abuse counselor, and a medical doctor, who have all said that yes, out-patient rehab is a GOOD IDEA, but should not be required, as they see no reason for me to not return to work, and that being out of work is actually worsening my depressive disorder?

 

[cbg]

They are not a court of law. They do not need proof beyond a reasonable doubt.

What can be done after you go through rehab, and what can be done before, are not necessarily the same. The ADA protects discrimination on the basis of having been through rehab. The ADA does not require an employer to put up with poor performance for any reason. Including medical.

Yes. It can be legal for them to stop you from coming back to work. What others do has nothing to do with you. If YOUR performance is affected, it doesn't matter what someone else does.

Likewise it does not matter what would happen in someone else's case, with a different condition. There are alternate sources of insulin without needing to take it intravenously.

You could have a letter from Boris D. Lushniak notarized by Eric Holder saying that you were okay to return to work and your employer would not be obligated to allow it. Your doctors do not run the employer's business.

Please note that I am not saying your employer is absolutely in the right. We do not have enough information to say if they are or not. However, nothing you have posted clearly indicates that they are acting illegally. With the information we have, while it is not certain, it is entirely possible, that their actions are 100% legal.

 

[rsflores9]

Re:

The substance abuse counselor was one the EAP chose. She recommended that rehab was a good idea, but should not be required.

Are they allowed to disregard her recommendation and keep me out of work?

This is almost a month now. They have failed to return phone calls, not once addressed the original issue of a depressive episode, and have informed me that there will be no compensation from them for my lost wages.

Do I have any options here? I could lose my home. I'm the only provider my elderly father has. I've lost weight because there is no money for food and I have to make sure he eats.

 

[cbg]

YES. They are allowed to disregard her recommendation and keep you out of work. She doesn't run the business either.

You know what? I'm not going to argue with you here. You have posted nothing to suggest that the employer is doing anything illegal, and given the circumstances I doubt if you know the information I would need to state categorically yes or no. So instead of giving me a hard time because I won't tell you you can sue your employer, call a lawyer in your state or call the EEOC. And just remember what I said above; there are no circumstances WHATSOEVER under which an employer is required to accept substandard work or let you come to work impaired (and impaired is NOT limited to under the influence).

 

[rsflores9]

re:

I'm not arguing. I'm just asking questions.

 

[cbg]

And I answered them.

 

[OHRoadwarrior]

I can sympathize. I just knocked down 1/4th of a fifth of Everclear to cut my grass and work on my drive for a couple hours. That said, would an employer want someone who must maintain a BAC of 10 or 20 plus to function working for them? ? I can stop drinking tomorrow. I will also be confined to the loveseat and not accomplish anything on standard pain meds. This is a clear indication of disability.

 

[cbg]

But a "reasonable accommodation" is NOT to allow the poster to come to work after having been drinking.

 

[commentator]

So go to rehab if you want to keep your job. If you don't need it, so what? It's a nice restful break. I suspect you are going to keep arguing. They may get tired of it and fire you. They have the legal right to do this. You decide how bad you want to stay out of rehab, keep drinking "under control". If it's worth your job, you might want to rethink how much you really love it.