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dhag

Junior Member
What is the name of your state?What is the name of your state? Georgia
Feb. 8th 05 I voluntary admitted myself to a alcohol rehab center. The program was completed. One week into the program my supervisor visited to say I was no longer employed and given the option of termination or resination. This is a christian non profit organization. The employer was aware I am an alcoholic when I was hired 5 yrs. ago. I have never missed any time due to drinking, never drank on job, or never came in with hang-over etc. Jan. 2005 i received a $ 5000 yr. raise for completing 2 yr. degree at a technical college (president's honors 4 out of 8 quarters). Employer states this was my second chance (where / when was the first????) Also 4 years ago a co-worker got drunk at home fell off the porch, broke leg, was hospitilized a few days and required to complete rehab before coming back to work. The message i get is it's better to hide the problem and continue to work (for the sake of a job) and that the peolple making decisions here are above and beyond life's problems. please help
 


Beth3

Senior Member
1. How many individuals are employed by this organization at the site you worked at and within a 75-mile radius?

2. Do you know what the company's leave policy is? In other words, if you had been hospitalized due to a ruptured appendix, what leave time (if any) would have been granted to you under company policy?

3. Did you comply with all company policies regarding reporting your absence/continuing absence from work?
 

dhag

Junior Member
Beth3,
1) At site i was emplyed approximately 35 f/t and part-time employees and with 75 miles approximately 50 (including the site where I worked). This is a state convention covering the entire state with approx. 300 f/t employees.

2) I carried approx. 300 hours of sick leave into rehab. Also the company has FMLA for 12 weeks unpaid.

3) Yes, my supervisor was kept up to date of all my treatment, progress, discharge etc.
 

Beth3

Senior Member
dhag, unless there are some significant facts you've omitted, it does appear this is a violation of the FMLA. It also appears that there may be a violation of the ADA if the reason for your hospitalization (alcohol rehab) was a consideration in discharging you. There may also be violations of State discrimination/statutory leave laws as well.

While you may file complaints directly with the EEOC, federal DOL, and your own State agencies, I'd advise you to consult with an employment law attorney before proceeding for a full analysis of your situation and an expert opinion on the strength of any claim you may decide to bring.
 

dhag

Junior Member
Thanks Beth3,

Additionally....Not a soul (at work) knew of my relapse after 7 yrs. of sobriety. Upon finding out of my employment status, my supervisor said I would receive pay and benefis through March. Since then ( 2 weeks ago) he informed me my benefits would continue through April and i will be given $3000 (tax free) emergency assistance along with my last check the end of March. (Seems as if they have "rethought" this situation!!???) I just want to do the right thing, but I feel I have been penalized for doing the right thing. I now have a job starting in 2 wks. but as you suggested..... I have a few days to persue legal action. If nothing else I want to make sure this does not happen to someone else!!!!! If someone else has cancer, dibetes etc.....and requires treatment.......scary thought!!!! THANKS AGAIN BETH
 

Beth3

Senior Member
If you are being asked to sign a waiver/separation agreement in exchange for these considerations, I suggest you not do so until you seek the advice of an employment law attorney. If FMLA and ADA violations occured, you have a claim worth far more than another month of benefits continuation and $3,000. (You can add at least couple of zeros to that figure.)

You've very welcome and good luck to you.
 

dhag

Junior Member
Beth,

In praying and wanting to do the right thing, I can't help but to remember what I was told during my "termination". "That the Ministry was going to run more like a "Business" from now on......" Well in that case I may need to tend to business. Just want to do what is right. Again this does not need to happen to anyone else in the organization. One more question: Is there anything that can be done by my former employer that would jepordize my job coming up if I take legal action against them?????
 
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Beth3

Senior Member
I suppose they could start giving out a slanderous reference if contacted in the future. If so, you can add a civil claim for slander and amend your EEOC/DOL claims to include retaliation. If they contact your new employer to malign you, then you could also add tortious interference.

I'm not saying you SHOULD take legal action - that's a choice only you can make as it will take a lot of time and energy. I'm just saying that you should at least consult with legal counsel to get an expert opinion and make sure you are fully informed of your legal rights before you decide anything. Be sure it's an attorney who specializes in employment law.
 

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