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I guess one night i decided to have a couple of beers before

i guess one night i decided to have a couple of beers before work and the next day i showed up and i guess i smelt like alcohol. they do have a no drug or alcohol policy but the drinking was not on the job or right before my shift. it was the night before work and i used to work swing shift so there was plenty of time for the effect to wear off but idk if my body smelt like beer or work clothes or what. so one guy asked me if had a drinking problem and i said yes, from what i understand if they know you have some kind of substance abuse there supposed to help. i dont know if that no alcohol policy well better since it was not on my shit that i had performed the drinking. it did not effect my performance at work and they did not let my employer know until days later so no one alse noticed so the smell must of not bit as bad as he might of made it sound. so one day the guy that i had told messed up at work and thought i had told on him so he went and told the boss that i had showed up to work intoxicated, the thing is that the same day that i had showed up smelling like alcohol they did not perform some kind of test to determent the level in my system. from what i understand they need to have prof that i was intoxicated but they could not prove it cuz it was brought up to attention days later and the boss told me that usually they do some kind of text but obviously they couldn't. he know that had broken up with the girl i was with at the time and me did as if i had broke up cuz of my drinking and i said no because that was not the case, so idk if that's supposed to mean that hes asking me if i am and alcoholic and is supposed to help out or if he just had let me go with out prof witch might of not bin fair, so at the end of the day it was my word against the guy that hald told on me and that was it.. my question is was that ok that i had let go foor being discriminated buy either since i don't know what exactly was said, weather they judged me because of my personal life or they should of let me off for the day or the don't of not received pay or what? what can i do if anything at all?

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Law Educator, Esq.

Attorney At Law

Doctoral Degree

112,954 satisfied customers
I am a General Manager at a Corporate cafe and have been

I am a General Manager at a Corporate cafe and have been with the company for 5 years. MY district manager was recently fired and we have a new district manager who was a General manager in our market. I was recently written up for a text that I sent to another associate. I asked if I could see this text because I wasn't sure what text they were writing me up for and they told me I could not see the text because they were afraid I would retaliate against this person. Honestly I am not sure what I said that was so terrible. Come to find out that the person I sent this text to is showing it to people at my cafe and the cafe he works at and I still haven't seen it. Also when i got written up for the text they put other stipulations on this that I have to accomplish in four weeks. But my real issue is that when I was hired I never received the 6 weeks training that the most recent manager have had. I have asked for training many times and have not gotten any. The managers that have come on board recently have gotten the help but not myself. I have worked with this company 5 years and most of the Assistant managers that I have had have not had any training as well except for what I have given them, and I feel they also were neglected. They have left the company out of frustration but I am still here trying to run a cafe with little training and now they want to fire me for not running a cafe properly. There is more to my story but I want to know if I have any kind of case of neglect and unlawful firing when it was up to Panera to train me correctly if they wanted me to do the job they expected of me.JA: I'm the Employment Lawyer's Assistant. I work with them to help customers like you. Because employment law varies from place to place, can you tell me what state this is in?Customer: I live in New MexicoJA: Is the employment agreement "at will," union, full time or part time?Customer: What do you mean employment agreement?JA: Anything else you want the lawyer to know before I connect you?Customer: I also had to go to the doctor recently for anxiety and was told to stay home for 3 days and my boss told me I had to come back to work 1 day earlier because no one else could cover my shift. I really do think that my new boss is trying to get rid of me and bring in some of his friend. I also found our that my new boss has a drinking problem and has come to work with alcohol on his breath, so I feel he may not be making right choices based on my work but on the fact that he may feel personally I can't do my job.

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Patrick, Esq.

Doctoral Degree

18,978 satisfied customers
Can the Texas board of Nursing learn of my attendance in an

Can the Texas board of Nursing learn of my attendance in an outpatient alcohol treatment program? I entered on my own, it was not court-ordered, and I have no police encounters related to alcohol. I found the following at http://www.answers.com/Q/Does_drug_rehab_show_up_on_a_background_check#slide=4"Drug rehab will only be shown on a background check if ordered by the court,or convicted of drug use. However, if you have been admitted privately [by yourself or family] and received a certificate of Rehabilitation, you are in the clear."I did not receive a certificate of rehabilitation.

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ScottyMacEsq

Doctoral Degree

23,786 satisfied customers
I just quit my job because I could not tab being accused of

I just quit my job because I could not tab being accused of everything you can think of ,I became so nervous and depressed that it affected my work it got to the point that I hated to go in to work because all three people would be there to accuse me of something different I have been yelled at accused of stealing liquor which I do not drink I have had one of my superiors yell across the bar room for me to get my ass over there and get them a drink that was so embarrasing we had quite a few patrons in that day , I fell down the stairs taking beer down stairs and they just laughed i had one of their poker players tripped me and I fell into the door jam and hit my shoulder bone I had to pack ice on it they said I shouldn't be so clumsy , what should I have done besides quitting my job

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LawTalk

Attorney at Law

Juris Doctor

35,212 satisfied customers
I have a question about wrongful termination. I have a case

I have a question about wrongful termination. I have a case typed up that I can send in. Summary is that I was a top performer at my company, recently promoted, outspoken about my boss's misconduct, demoted and then terminated within 90 days. I have never had any write up or disciplinary action on my file in 4 years of employment with this company.

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Patrick, Esq.

Doctoral Degree

18,978 satisfied customers
I work in a refinery in California. The company I work for

I work in a refinery in California.The company I work for is a safety sensitive workplace that follows the Federal DOT guidelines in regards ***** ***** testing.Now in California, marijuana is now legal for recreational use, although it is still against federal law.Can my workplace still stop employees from using marijuana while not at or in the workplace?I would think that people in the states where marijuana is legal for recreational use would be able to use it on their own time and off work, as it would be no different than drinking a beer while not at work.Federal DOT guidelines allow a certain percentage of alcohol to be in your system, 0.04, with no punishment. Could I attempt or have any legal rights to push that my employer treat marijuana as they do alcohol?To allow a certain percentage to be in your system, and to change their testing method to a mouth swab to be able to see the percentage of THC in your system?Is there any legal leverage for employees. that could make the rules/regulations different for the states that have legalized marijuana?

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Phillips Esq.

Attorney

Juris Doctor

20,266 satisfied customers
I had an OVI last year. My employer did know about the

I had an OVI last year. My employer did know about the charges and probation and I am still employed there. I am an Information technology worker, and I was in a group lunch meeting yesterday and a consultant colleague brought up drunk driving out of the blue. (This guy does not like me)I believe the consultant's friend, a manager in the department, disclosed the information to others. There are several consultants who work with our group and these consultants go to dinner and wine and dine this manager. There is a Iot of drinking at these dinners, and it's been going on for 10 years or more.My question is whether or not I should report this to Human Resources.

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RobertJDFL

Attorney

Juris Doctorate

13,456 satisfied customers
I am an employer. I have a EE who has drinking

I am an employer. I have a EE who has drinking issues.....finished a 30 day rehab....I told her she return....we set her up to restart, I called to remind her of her 1st day and her sister told me she relapsed and was back in another program. Am I obligated to bring her back?JA: Because employment law varies from place to place, can you tell me what state this is in?Customer: TennesseeJA: Has anything been filed or reported?Customer: I do not understandJA: What confuses you?Customer: Filed or reported....she did no FMLA.....just a agreement to help her because she needed itJA: Anything else you want the lawyer to know before I connect you?Customer: No

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RobertJDFL

Attorney

Juris Doctorate

13,456 satisfied customers
I am a recovering alcoholic who was mistakenly served

I am a recovering alcoholic who was mistakenly served alcohol by Olive Garden Restaurant in Woodbridge, New Jersey, on October 3. Although the manager came to my table and made a speech about the mistake of the restaurant, I have been struggling since the fiasco. Even though the road to recovery has been tough, but successful, I feel that my success, however, was snuffed by the mistake of the restaurant. As a recovering alcoholic, this is downright wrong because it hindered my journey of sobriety. I specifically told the waitress "Virgin Pina Colada" but instead, she brought otherwise. I just think it's unfair for restaurants to be the cause of, or contribute to someone almost throwing away their years of sobriety.

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P. Simmons

Attorney

Doctoral Degree

37,058 satisfied customers
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