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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: California Employment Law
Satisfied Customers: 18585
Experience:  B.A.; M.B.A.; J.D.
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I am a VP and manager of the sales team company. I received

Customer Question

I am a VP and manager of the sales team for my company. I received a "Final Written Warning" for "breath smelling of aolchol and being intoxicated at work" I have never been intoxicated at work. These accusations are from other employee under my supervision.and I have never received any previous written warnings.nor have they bothered to test me to prove my innocence. they have however taken away my VP staus and my supervisor position. they have placed me on probation for 120 days which they state during this period of time I will not be I titled to vacation time and they have reduced my salary by 15%.the final written warning is full of inaccurate information. I am uncomfortable signing this document. Unfortunately I do have health issues, past MI, my lungs are damaged,under the treatment of GERD, I have a history of hypoglycemia, elevated BP. I also have a herniated disc in my neck for which I am in a ongoing workmans comp case from a previous employer,which they knew about when I was hired. Some of my medical conditions can cause my breath to smell similar to alcohol. I do I fact drink alcoholic beverages after hours. But I do not have any alcohol at least 6 to 8 hours prior to going to work. I deal with severely disabled people tiring to improve their lives. Just as a side note my employer and over 75% of the company is of a religious nature different from mine and have a zero tolerance on and off work. I was known to them that I do indulge prior to my employment. Any advice?
Submitted: 1 year ago.
Category: California Employment Law
Expert:  Phillips Esq. replied 1 year ago.

If you have an arbitration procedure where aggrieved employees can escalate matters beyond Human Resources Department, then you need to ask for that procedure. It is quite unfair for you to be written up without warning and more importantly without proper investigation. A proper investigation would have entailed sending you for mandatory drugs/substance test. You should have been given the opportunity to explain, that your medical conditions can cause the smell. You would have gotten notes from your health care providers backing up your claim. The bot***** *****ne is you need to appeal this written warning if there is an avenue to do so at job. Otherwise, if you are terminated, you would have a case for wrongful termination if the reason given for your termination is false eventhough your employment is at will.