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My job tried to fire me for being an alcoholic but I am only protected under the ADA if I go to rehab (Virginia) (self.legaladvice)

cathrowaway02 が 投稿

I was pointed here from another subreddit but I'm using a throwaway because I don't want to draw attention to it or to all my past drama. I'm stuck and people are being stupid and not listening so I could use help getting everything straightened out.

Some may call me an alcoholic and I was missing working a lot and showing up drunk so they tried to fire me. I was able to get a lawyer to get me protection under the ADA because being an alcoholic is a disability so they weren't allowed to fire me and I got to keep my job. But now my job is telling me that I have to go to rehab if the protection from the ADA is going to apply and the lawyer is being stupid and agreeing with them saying I have to go. It's so stupid because you wouldn't tell a person in a wheelchair that you would only not fire them if they walked. So I don't get why they would do this to me and make me fix my disability if I want to keep my job. I am definitely not going to rehab but I'm hoping anyone here can help me because I don't know anything about employee law and after paying the lawyer I don’t have any money for another one. Thank you cheers!

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[–]micleecon 14ポイント15ポイント  (0子コメント)

Go to rehab or lose your job. That's how it works.

[–]MajorPhaser 20ポイント21ポイント  (0子コメント)

Being an alcoholic is a disability, being drunk at work or not showing up to work are not. They can fire you for those things, and you're lucky they're letting you go to rehab and keep your job.

I am definitely not going to rehab

Is something only addicts say. You'd literally rather lose your job than spend a month in treatment. That's your choice, it's just a very foolish one.

[–]big_fred 6ポイント7ポイント  (3子コメント)

The lawyer isn't being stupid, they are telling you the truth.

You are the one being stupid, in more ways than one. You at the very least not need to not show up to work drunk, and you should really consider going to rehab if alcohol is preventing you from doing your job.

[–]grasshoppa1 6ポイント7ポイント  (0子コメント)

Despite your lawyer's efforts, your job had no obligation to continue employing you if you were missing work a lot and showing up drunk. If you were in recovery, it might be a different story, so your options are to go to rehab or lose your job. That's it.

[–]FauxPsych 6ポイント7ポイント  (0子コメント)

Dude, that wheelchair is his rehab. He's not stubbornly dragging himself to work like you are stubbornly refusing rehab.

[–]3dogs3cats1goodlife 12ポイント13ポイント  (0子コメント)

You're lawyer is correct. Showing up to work drunk is absolutely not ever, under any circumstances, protected behavior. The ADA is to protect you while you're recovering, not while you continue to ruin your life on your employer's dime. Depending on your job, you could kill someone doing that.

Go to rehab. Get your shit together.

[–]NateGrey 5ポイント6ポイント  (0子コメント)

Sometimes, very rarely, you read these stories and you actually feel sorry for the employer.

[–]noteven0s 9ポイント10ポイント  (0子コメント)

Some may call me an alcoholic and I was missing working a lot and showing up drunk so they tried to fire me.

You're shitting me. You missed a lot of work and showed up drunk and they felt you were an employee who was not doing a good job? You have been wronged. EVERYONE does not show up to work and are drunk much of the time. What was the employer thinking?

But now my job is telling me that I have to go to rehab if the protection from the ADA is going to apply and the lawyer is being stupid and agreeing with them saying I have to go.

Holy Fuck! Your employer, rather than firing you wants you to seek treatment for your disability? Bastard. Doesn't he know you have the RIGHT to be disabled? Why should anyone be required to help themselves before being able to be paid for a job he does not do competently?

Damn skippy my friend, you are being wronged. You have to do nothing but get and attorney and sue for a bunch of money. The courts LOVE people who don't want to help themselves. Heck, they're Democrats! Best day ever.

I suspect you are a troll. If not, you are one as to why the law seems silly to some. With "cheers" I think from the UK. Even there, can society possibly accept such nonsense?

[–]angela638x 3ポイント4ポイント  (0子コメント)

Being in recovery and being fired for it is a lot different than actively drinking and showing up to work intoxicated. Your job is allowed to let you go for the latter.

Get help, get sober and you won't ever have to deal with this sort of stuff again. You'll have a lot more money once you aren't buying booze or paying for lawyers to help you navigate the consequences of your addiction.

[–]Kakkerlak 2ポイント3ポイント  (0子コメント)

An employer is required under the ADA to give you an opportunity to seek treatment before terminating your employment for alcohol-related absenteeism and performance reasons.

That can include the opportunity to attend inpatient treatment, or workday AA meetings, or other reasonable accommodations to help you cease to have damaging drinking behavior.

The ADA does not protect an employee who continues to have alcohol-related absenteeism or performance issues after being given the opportunity to seek treatment.

It is immaterial if the employee actually goes to treatment or not. What matters is if the employee ceases to have alcohol-related absenteeism and performance issues.

You may have misunderstood your lawyer, or she may have not explained it in a way you were able to understand.

You can stop drinking to excess all by yourself, or you can stop drinking to excess with the assistance of treatment.

But you will not be protected by the ADA if your alcohol use continues to affect your work safety or performance after having been given the opportunity to go to treatment.

[–]julio26pt2 2ポイント3ポイント  (2子コメント)

Some of the comments from this morning's discussion on Coach Sarkisian seem to line up with your situation very nicely and has the answer laid out very clearly. I hope this is helpful.

https://www.reddit.com/r/legaladvice/comments/3oemno/ca_considering_the_ada_protects_alcoholics_can/

[–]Kakkerlak 3ポイント4ポイント  (0子コメント)

Sunday night and Monday morning were basically the time that USC's employment attorneys needed to confirm that they had addressed his drinking (August 22 Salute to Troy incident), given him the opportunity to seek treatment (August 23 apology and Hayden press conference), and that he continued to have alcohol-related work performance issues (every weekend since).

It's one of those rare occasions where there's definitely a very carefully written and expensively analyzed employment contract in place, and it intersects somewhat abruptly with the ADA.

[–]seeitbelieveit 0ポイント1ポイント  (0子コメント)

This isn't legal advice, but life advice, as someone who volunteers at a homeless shelter with an addiction recovery program. You're on the path to homelessness. Get help now or it'll only get worse.