Job Repercussions

[MDBiker]

From another thread:

I know here in Canada there are many laws that protect people with abuse/emotional problems, and am hoping similar ones are in place in the US. by Nethingusp

Does anyone know the laws in the US pertaining to protection of people who seek mental/alcohol rehabilitation through their workplace? I mean, what are the odds I am going to get fired for admitting I'm an alcoholic and accepting treatment through our company insurance? I have noticed being treated differently since I "came out of the bottle". We must have some legal types out there.

bear

[Guest]

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Sorry I don`t have the legal info. you require MD. Would just like to say how truly awful I think it is that employers can discriminate against us for having an alcohol problem, especially when we are making a constructive attempt at addressing our problem.

Best wishes on this,

Starlight Impress

[sujul]

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Damn--just wrote a whole post and then hit something wrong and lost it!

Okay, MD, first of all, congratulations on wanting to get help! And coming out of the bottle takes lots of courage--good for you!

I'm not a legal type but my understanding is that addiction/psych problems are covered under The Americans With Disabilities Act--this basically means (I think) that you cannot be fired for simply having a disease (alcholism is legally defined as a disease) or a disability unless it interferes with your job performance--so identifying your "disease/disability" and getting help should not endanger your job.

On the other hand, there is a huge gap between the law and how it gets implemented in specific situations--and there is no way to legislate behavior!

That said, I know there are implications for future insurance--just as there are with being treated for anything they think might be too costly....

This is just my layperson understanding--I'm sure there are some legal types here who can really address your question--

Wishing you all the best--and love the quote! I heard one recently that ws similar--went something like: God gives us the oars, but God expects us to row!

[Breez]

Job Repercussions

From my personal experience - I worked for the state where we had a Director of Engineering who happened to come into work drunk in front of the Commissioner & he entered rehab. They kept his job until he came back. Then my mother worked for a company where this woman always came in drunk or wouldn't show up. They had her do treatment, she came back but fell off the wagon. She did treatment again. She came back & was ok for awhile but then slipped & was asked to leave.

By law in our state they have to offer you go to treatment for your addiction before firing you. If you refuse then they have grounds for firing you.

Towards the end of that career(8 yrs ago) I'm suprised no one came up to me & asked if I was drinking-I was always hung over & often left for lunch for a pick me up. I was miserable there (which fueled my drinking) & quit before anything came up. I shudder to think I left with a reputation ( a drinker). Deep down inside I think I did.

Each employer ought to have some sort of drug & alcohol policy that spells out disciplinary actions & absence for treatment. I mean each employer's is different. I'm sure a job where there is "partying" contact is different than say an airline pilot.

Good thread

[MDBiker]

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Thanks guys,
I have done some googling and it looks like alcoholics are protected under the ADA IF their alcoholism is diagnosed as a disability. From what I can tell this is determined on a case by case basis. So it appears to me that (hypothetically) if my Dr doesn't think alcoholism is a disability and my boss,who hates alcoholics because he was raised in a difficult alcoholic family, wants to get rid of me it is Adios unless the company has a specific policy which protects me.

[rottrod]

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Bear,
Just be careful and going forward just don't give them any grounds to do it. I hate those suspicious looks though. Hold your head up and don't take anything sitting down.

It sounds like you have been doing very well, so hopefully you will be OK.

Melissa

[liveandbreathe]

Job Repercussions

What I would do...

As an exec who found herself in an industry and a part of the world that has very little understanding or regard of alcoholism as a disease, I encourage the staff at my company (in private conversations when they come to me) to get whatever help they need to make sure their lives are as stress free as possible. (I have a background in clinical psychiatry from some years ago until I had to make a major life change.)

I have had one person use 30 day rehab and no problem when this person returned to work. Everyone was very cool and welcoming at my small business. The law in the US is that you can not be discriminated against for a medical malady of any sort, including alcoholism.....unfortunately if you have an ass for a boss that can take a different turn quite easily. My company has a clearly spelled out policy on that including that there will be no personal repercussions regarding treatment so long as job requirements are filled in the normal course of work.

Those being the facts, I don't know where exactly you are in your position or specific locale, but I'd personally do the rehab and then find a job where I am supported and valued as an employee and a person.

Best to you! Do what you need to do to get better.

[diamond]

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Good luck,
in the UK it is difficult to sack someone, unless as in the US, they turn up drunk and refuse treatment.

BUT like you said if your boss is anti-alcoholic or your workmates are, you are probably best to start looking for another job before it gets bad.

You are inspiring to many of us so please be strong, best wishes,
Diamond

[AMELIA]

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Bear, I'm sorry I don't know, just wanted to add my words of support for you as I feel you are a great guy!

Amelia x

[MDBiker]

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I don't think I am in immediate danger of losing my job, but I know my VP doesn't care for (really dislikes?) me and the GM I report to is so busy trying to look good he will/has hang me out to dry. I am used as the fall guy for a lot of the problems at our factory. I truly believe the only reason I am still employed is because geographically and intellectually they know they will be hard pressed to replace me. And guys, I am not stressed out about this any more (since I went nuts at work and cried for a week) I just would like to be ready for whatever is coming and I don't want to be whisked away in some underhanded management play. Also, I will not be able to find another position (or pay) like this within 400 miles, so really we are both in a predicament. But then again, I now know I would rather be sober and happy digging ditches than drunk driving a Mercedes. It feels strange to say that and really mean it. However, I would like to pay off as many bills as possible while I am still in the Mercedes state of mind. :schmokin:

I really do thank all of you for your inputs and I appreciate your concerns. I know from past experience when the guy in charge want someone fired, you can always find something to fire them for.

God Bless you all :l
Bear

[sammys]

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I say show them the new rested, physically fit you and maybe open their corporate eyes to the fact that if you help your employees they are tremendously loyal to the company. I bet they have problems to and possibly even the same ones.

Show them up, but don't bruise the bosses ego you know they can't handle that!!

Sammys

[karbihere]

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there should be a clause in the employee hand book about confidentiality?

[MDBiker]

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There is Karbi, but I have related my problems to everyone at work who also needs to do something for themselves and are afraid to take action. Lets face it, I melted down on the production floor, and it isn't a good place to keep a secret anyway.

You are right sammys, compared to the hungover person I was two months ago, I am a mountain of knowledge and action; but I am having a hard time fitting in with the new manager who requires much a** kissing and is a retired military disciplinarian. I don't line up with either of those too well. Maybe it is getting close to my time to leave; but I would like to do it on my terms, or be compensated for being pushed out.

Bear

[sujul]

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Yep, I agree--wait 'em out. A number of years ago I was extremely unhappy in a job (it was where I relapsed after 11 years of sobriety) and basically sabotaged it by being late, etc. I really just wanted to quit but someone advised me to hang in and wait to be fired. It was tough on my ego but when they finally had "to let me go" I got a nice severance deal plus unemployment....

[MDBiker]

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Susan, you are a woman after my own heart. I would hope for this to happen in about 2-3 months. It wouldn't be hard on my ego, but it would be hard to believe.

Bear