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wallstreetfighter
wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience:  14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
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I recently went to rehab for alcohol. When I retuned to work

Resolved Question:

I recently went to rehab for alcohol. When I retuned to work my supervisor had a sign on his wall that read. I would admire sober people having fun if they were'nt so f--king boring to the rest of us. Is this harassment?
Submitted: 1 year ago.
Category: Employment Law
Expert:  wallstreetfighter replied 1 year ago.

wallstreetfighter :

Hello I am a licensed attorney here to help you with your question, please review my response and do not hesitate to ask for clarification

wallstreetfighter :

The employers actions are clearly unprofessional, in terms of legal harassment the issue is more complicated,

wallstreetfighter :

under the ADA an employer cannot harass any employee who has a disability,

wallstreetfighter :

if you can argue that you have a disability due to your condition, you could have a strong hostile work environment case,

wallstreetfighter :

Under the ADA, current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. An alcoholic is a person with a disability and is protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.

wallstreetfighter :

If you feel your condition is severe enough to be considered a disability, you should send a letter to the employer complaining of his actions,

wallstreetfighter :

or file an EEOC discrimination complaint, regarding the harassment.

wallstreetfighter :

The EEOC will investigate, and if they find for you, they will allow you to bring legal actions

Customer: What are my chances ?
wallstreetfighter :

if the employer continues to harass you,

wallstreetfighter :

and defames you to other employees, you may have a strong case,

wallstreetfighter :

if this is a one time event,

wallstreetfighter :

it would be harder to claim harassment,

Customer: It has been on the wall for 9 months
wallstreetfighter :

I would take a picture, and send a letter to the employer, if he has also discriminated against you or others have said things to you at work about your condition, you should file the complaint as soon as possible,

wallstreetfighter :

this should not be tolerated.

Customer: I have a picture I am suppose to be negotiating a severance package this week.
wallstreetfighter :

You should advise the employer you will be filing an EEOC complaint for the harassment due to your disability, and they may offer you a better severance, you should ask for 1 year, if not already offered,

Customer: Thank you
wallstreetfighter :

Good luck, also if you accept any severance agreement, the employer will try to have you sign a release prohibiting you from filing a complaint, so you should use all leverage now for a better deal

wallstreetfighter :

If satisfied with our service please provide us with positive feedback, thank you

wallstreetfighter :

If you have any further questions please do not hesitate to ask.

wallstreetfighter, Employment Lawyer
Category: Employment Law
Satisfied Customers: 15652
Experience: 14 years exp, General counsel for National Corp. firms, Hostos College instructor, Represented employees in discrimination lawsuits
wallstreetfighter and 8 other Employment Law Specialists are ready to help you

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