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Dwayne B.
Dwayne B., Lawyer
Category: Employment Law
Satisfied Customers: 33734
Experience:  Employment Law Expert
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I am reaching out to you on behalf of my mother M Spann of

Customer Question

I am reaching out to you on behalf of my mother Linda M Spann of Madison, Indiana. I want to give you a little back ground. My mother Linda 68 years old was employed with the state of Indiana for the last six years. She worked for "Work One" which is the unemployment division for the state of Indiana. She worked as a temp for 6 months in the same office and was then hired full time with full benefits where she worked the remaining six years. As of Friday the 10th her employment was terminated for what amounts to fraud. My mother is an admitted cigarette smoker and has been off and on for years. A few months ago she was asked to fill out her yearly insurance forms. One of the questions that was ask on this form was that if she smoked or not. She checked the box that she did not. My wife and I recently had a new baby that was born 8/6/2015. My mother seeing this decided to try one more time to quit smoking because she felt that a smoke free environment would be best for the new
Submitted: 1 year ago.
Category: Employment Law
Expert:  Dwayne B. replied 1 year ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

It looks like your question/facts were cut off. Could you finish those and then let me know what specific question I can assist with?

Customer: replied 1 year ago.
I am reaching out to you on behalf of my mother Linda M Spann of Madison, Indiana. I want to give you a little back ground. My mother Linda 68 years old was employed with the state of Indiana for the last six years. She worked for "Work One" which is the unemployment division for the state of Indiana. She worked as a temp for 6 months in the same office and was then hired full time with full benefits where she worked the remaining six years. As of Friday the 10th her employment was terminated for what amounts to fraud. My mother is an admitted cigarette smoker and has been off and on for years. A few months ago she was asked to fill out her yearly insurance forms. One of the questions that was ask on this form was that if she smoked or not. She checked the box that she did not. My wife and I recently had a new baby that was born 8/6/2015. My mother seeing this decided to try one more time to quit smoking because she felt that a smoke free environment would be best for the new baby. She was successful at not smoking till after Christmas then started again. She was told she was fired because since she started smoking again she was suppose to call and change the status of non smoker to smoker which in turn affects her rates. I feel this is a little harsh of punishment. I think they are getting rid of her due to her age.
Expert:  Dwayne B. replied 1 year ago.

Thank you for providing the rest of those facts

With what specific question can I assist?

Customer: replied 1 year ago.
I am wondering if she would some how be able to either get her job back or does it sound like she would have a possible age discrimation case.
Expert:  Dwayne B. replied 1 year ago.

There's nothing there that indicates it is an age discrimination case or that she can get her job back.

The only thing I see is a potential discrimination case based on her being a smoker. I am going to give you a link to a web page on that: https://www.nolo.com/legal-encyclopedia/workplace-smoking-laws-indiana-46901.html

In addition, since smoking is an addiction and some addictions are considered disabilities under the ADA then there is a potential she could make a claim that they violated the ADA.

Before she did that she would want to visit with a local lawyer that does Employment Law, she can find one at www.lawyers.com, and have them help her figure out how to phrase everything. She has to file a charge of discrimination with the EEOC to pursue this and the lawyer will likely want to help her with the language.