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socrateaser
socrateaser, Lawyer
Category: Employment Law
Satisfied Customers: 37960
Experience:  Retired (mostly)
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I am a nurse and I was pulled off the floor towards the end

Customer Question

I am a nurse and I was pulled off the floor towards the end of my shift because they suspected me of drinking at lunch. My face was red and a little sweaty. I have history of anxiety and 3 years ago I was let go on good terms if I attended a rehab for drinking at home and never on the job. I was rehired 2 1/2 years ago and have struggled with anxiety because my parents have cancer. I have been sober 3 years and my employer knows that with anxiety I get a flushed face. They pulled me off 2 shifts and my drug test came back negative for any substances. I am currently on FMLA leave and then they said they would have to re-evaluate me before I can return to work. My co-workers are aware because they made me leave during my shift. My employer is questioning if I can return to work. Is this considered defamation of character? Would I have a case if they fire me?
Submitted: 1 year ago.
Category: Employment Law
Expert:  socrateaser replied 1 year ago.
Hello, Any termination of employment that is coincident to a return from FMLA leave is suspect as being unlawful retaliation. The question is whether or not there is any credible evidence of your substance or alcohol abuse. If not, and you are terminated, then, the only other reason for the termination, by elimination, is your taking FMLA leave. So, the answer is: (1) if there is no evidence of your having abused drugs or alcohol; and (2) you are fired upon your return from FMLA leave; then (3) you have a case of FMLA discrimination/retaliation. I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.Thanks again for using justanswer.com!