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I recently took a three month leave of absence to be treated…

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I recently took a three...
I recently took a three month leave of absence to be treated for the disability of alcoholism. I work for a 35 person company in California. Upon my return to work I was told that my position no longer existed in the company move me into a different job. Since my return to work the human resources manager has spent a great deal of time belittling my past accomplishments, telling me other employees have had problems with me even though there was never any indication of that, and routinely focuses on the skills I do not have instead of the strings that I do. I have worked for the company for 6 1/2 years and have only had one prior conversation with the human resources manager regarding my performance or employee relations in the past. In the past month there have been three incidents where the human resources manager had a lengthy conversation with me regarding a mistake that was allegedly my fault while other employees who made the same mistake we're not spoken to by the human resources manager at all. I feel that because of my disability leave for alcoholism the human resources manager is creating A higher standard for me then similarly situated employees. I wrote a letter of complaint to the owner of the company and was told that an investigation will take place. I am off work this week for an unrelated matter. I feel it is very likely that the company will "" circle the wagons and potential he get other employees to falsify information regarding the human resources manager lack of contact with them for issues in the workplace. I do not know who the investigator that the company has doing the investigation is. If there is a no cause finding regarding my complaint will I still be in trouble with the company? I gave the complaint letter to the CEO because I did not want to escalate the situation out of loyalty to the company. When I go back to work on Monday what would be the best course of action? I am not a problem employee I am just somebody who had a problem with alcohol and after choosing to do something about it feel that I am bearing the brunt of the company's displeasure. Thank you for your help.
Submitted: 11 months ago.Category: Employment Law
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9/14/2017
Employment Lawyer: Legal Expert Justin, Lawyer replied 11 months ago
Legal Expert Justin
Category: Employment Law
Satisfied Customers: 236
Experience: Attorney
Verified

Hello! My name is ***** ***** I'll be the Expert assisting you today. If your supervisors are indeed treating you differently because of your alcohol treatment, you would have a good case for discrimination under the American's With Disabilities Act. However, it could be tough to prove that your illness is the reason for their behavior. Has anyone ever mentioned your past troubles with alcohol in a negative way since you returned to work?

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Customer reply replied 11 months ago
The company was unaware that I had a problem when I took a leave to be treated for alcoholism. The only thing that has been said about my past before treatment was that coworkers said at times I was not "carry my weight" on the job. This was never sent to me by any of my coworkers. The other accusation is that at times I was difficult to get along with but I firmly believe the reason for that is because I was placed in the position of having to enforce new company policies.
Employment Lawyer: Legal Expert Justin, Lawyer replied 11 months ago

I see you requested a phone call, but there was a payment failure. Would you still like to talk on the phone? The fee for a phone consult is an additional $29.

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Customer reply replied 11 months ago
I updated the credit card information. Can you please advise me as to when I will be receiving a phone call?
Employment Lawyer: Legal Expert Justin, Lawyer replied 11 months ago

I apologize. I am trying to initiate a phone call, but the website keeps saying that it is not allowed. I have no idea why. I apologize for the error.

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Customer reply replied 11 months ago
Can you answer my question in a text message? If their findings indicate that there is no discrimination and they got the other employees to falsify information so that it seemed like I was making up a complaint will I be in trouble? Can I get fired? I have been a good worker and a good employee but I feel like they are pushing me in an attempt to get me to quit.
Employment Lawyer: Legal Expert Justin, Lawyer replied 11 months ago

Yes, if you give me your phone number, I can respond via text. I will also answer your question here.

Unfortunately, you can be fired for almost any reason, so long as it is not specifically against the law (such as discrimination based on race or disability). However, it is illegal for them to retaliate you for filing a discrimination lawsuit or making a complaint to government authorities. So, in that case, even if there was no finding of discriminatory intent, if they still retaliated against you for making a claim, they could be liable.

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Employment Lawyer: Legal Expert Justin, Lawyer replied 11 months ago

Your best course of action would be to file a complaint with the State of California. Here is their website:

https://www.dfeh.ca.gov/complaint-process/

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