What are my rights regarding discrimination and wrongful termination?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding discrimination and wrongful termination?
I was honest with my boss about a alochol problem that I had. I went to detox. Then, 2 weeks later, my boss accused me of drinking and doing drugs on the job with absolutely no proof. I was willing to take a drug test of his choosing to prove my innocence. He refused and I was terminated without any proof or records of this being a issue in the past. I am not union and I never signed an employee at-will document.
Asked on May 16, 2018 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Absent an employment contract or union agreement to the contrary, typically a company can set the conditions of the workplace much as it sees fit. However, an employer's actions cannot constitute some form of legally actionable discrimination. And the fact is that alcohol dependence is considered a disability under the Americans with Disabilities Act ("ADA"). Accordingly, alcoholic employees may not be discriminated against so long as they can perform the essential functions of the job. In other words, abuse and dependence are treated differently. At this point, you should consult with an employment law attorney. They can best advise you further after reviewing all of the details of your case.
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Absent an employment contract or union agreement to the contrary, typically a company can set the conditions of the workplace much as it sees fit. However, an employer's actions cannot constitute some form of legally actionable discrimination. And the fact is that alcohol dependence is considered a disability under the Americans with Disabilities Act ("ADA"). Accordingly, alcoholic employees may not be discriminated against so long as they can perform the essential functions of the job. In other words, abuse and dependence are treated differently. At this point, you should consult with an employment law attorney. They can best advise you further after reviewing all of the details of your case.
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.