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I worked for a non-profit for 6 and a half years. i was the…

Customer Question
I worked for a...

I worked for a non-profit for 6 and a half years. i was the only person in my department, and they did not pay any over time, even though I was on call 24/7 and put in many hours extra.

Lawyer's Assistant: Because employment law varies from place to place, can you tell me what state this is in?

Califorina...

Lawyer's Assistant: Is the employment agreement "at will," union, full time or part time?

Full time, as a maintenance manager.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I was let go because I am an alcoholic, even though I put my self though a rehab facility, after getting caught drinking on the job.

Submitted: 11 months ago.Category: Employment Law
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Answered in 14 minutes by:
9/19/2017
Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago
Allen M., Esq.
Allen M., Esq., Employment Lawyer
Category: Employment Law
Satisfied Customers: 20,626
Experience: Employment/Labor Law Litigation
Verified

Thank you for trusting your question to JA today. I am a licensed attorney with over a decade of law practice and over 20 years of experience in the legal field. I’m happy to be of assistance.

You have a couple of elements here that I want to discuss.

First, you mention not being paid overtime. Overtime may not have been required; however, you stated that you were the only person in your department. To be salaried exempt, you'd need to have managed people so that doesn't follow. You should file a wage claim with the Department of Labor in your state so they can investigate the matter. If they determine that you were improperly classified, they'll order the payment of overtime for the hours that you worked beyond 40. I will note though that being on call is not compensable time. Just the time that you worked.

Second, the ADA doesn't protect against being terminated for incidents that are related to a disability. If you had just contacted your employer and said "I need to take some medical leave for rehab" and there never was a workplace issue, then they couldn't legally terminate you. However, you stated that you were caught drinking on the job. The ADA wouldn't protect against termination if that was the reason for the termination. So, if the termination was based on the workplace incident, it would be legal. You could certainly argue that others have committed offenses and weren't immediately terminated, showing that your employer is intentionally overreacting here. You could file a complaint with the EEOC in your state to have the matter investigated, potentially giving you some negotiation power for severance.

If you have any further questions or other facts that you would like me to consider, please let me know. I invite follow up questions, so use REPLY for those. If you have no further questions then good luck going forward and please do not forget to rate my service with a three, a four or preferably a five star rating so that I receive credit for working with you today. Please rate me based on my service and not on your satisfaction with the law, which I am not in control of and I am just reporting to you. Also, feel free to request me in the future, if you have questions concerning a different matter.

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Employment Lawyer: Allen M., Esq., Employment Lawyer replied 11 months ago

Hello, I wanted to check in and make sure that there was not any additional information that you required after the response I previously provided to you. If you need further assistance, please use REPLY and ask me for any additional information you may need. If not, take care and have a great day.

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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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