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Tina
Tina, Lawyer
Category: Employment Law
Satisfied Customers: 8183
Experience:  JD, BBA, recognized by ABA for excellence.
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What do I do if I was fired and it had nothing to do with my

Customer Question

What do I do if I was fired and it had nothing to do with my job duties?
Submitted: 9 months ago.
Category: Employment Law
Expert:  Loren replied 9 months ago.

Good day. I am Loren, a licensed attorney and I look forward to assisting you.

Expert:  Loren replied 9 months ago.

Why were you terminated?

Do you have a written employment agreement requiring cause for termination?

Do you believe you were treated differently than other employees due to your race, religion, ethnicity, etc.?

Customer: replied 9 months ago.
I was terminated for shoplifting while under the influence of alcohol off duty I have been employed by military sealift command for 26 years, yes I have received notice from my employer detailing my offense and reason for my removal, I have been ordered into rehab many years ago and attended same, is this not covered under the Americans with disabilities act? I would also like to pursue other actions such as alternative dispute resolution.I am interested in a contingent fee for a lawyer,I do not believe I was treated differently than other employees.i have already submitted a reply to the merit systems protection board concerning this case and awaiting their decision.
Customer: replied 9 months ago.
this is all the information i have.
Expert:  Loren replied 9 months ago.

Thank you for the additional information.

Alcoholism may be covered under ADA. The ADA may protect a “qualified” alcoholic who can meet the definition of “disability.” The ADA has specific provisions stating that individuals who are alcoholics or who are currently engaging in the illegal use of drugs may be held to the same performance and conduct standards as all other employees.

An individual who believes that his employment rights have been violated on the basis of disability and wants to make a claim against a federal agency must file a complaint with that agency. The first step is to contact an EEO Counselor at the agency within 45 days of the alleged discriminatory action. The individual may choose to participate in either counseling or in Alternative Dispute Resolution (ADR) if the agency offers this alternative. Ordinarily, counseling must be completed within 30 days and ADR within 90 days.

At the end of counseling, or if ADR is unsuccessful, the individual may file a complaint with the agency. The agency must conduct an investigation unless the complaint is dismissed. If a complaint contains one or more issues that must be appealed to the Merit Systems Protection Board (MSPB), the complaint is processed under the MSPB’s procedures. For all other EEO complaints, once the agency finishes its investigation the complainant may request a hearing before an EEOC administrative judge or an immediate final decision from the agency.

For more information concerning enforcement procedures for federal applicants and employees, visit the EEOC website at http://www.eeoc.gov/facts/fs-fed.html.

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