California Employment Law

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I am a nurse and I was pulled off the floor towards the end…

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I am a nurse and...
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: 3 years ago.Category: California Employment Law
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Answered in 3 hours by:
6/8/2015
California Employment Lawyer: socrateaser, Lawyer replied 3 years ago
socrateaser
socrateaser, Lawyer
Category: California Employment Law
Satisfied Customers: 40,164
Experience: Retired
Verified
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!
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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