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I was recently put on short term disability, for AUD, when…

Customer Question
I was recently put...

I was recently put on short term disability, for AUD, when my employee called me in and asked why I was off of work, they said I was off for breast cancer, in which I do have, and I've been on anti depressants and my alcohol consumption has gone up. I was off for 4 weeks to go to counseling and just got my 2nd vivitrol shot( cuts cravings for alcohol) I was to return to work this morning and was called to meet with HR and he asked y I was off of work, I said for AUD, he claims I lied from the previous meeting and wants to terminate me. I honestly don't remember what I said that first meeting. 8 yrs ago my dad died, I've battled depression and alcohol since then, then 4 yrs later got breast cancer, same thing still going on with depression and alcohol!! I got the hell I need and now they want to terminate me, is this rectifiable??

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

I got the help I need, not hell!!!!

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

I'm full time and we have an union! And I'm in Wisconsin

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

Not that I can think off.

Submitted: 9 months ago.Category: Employment Law
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Answered in 3 minutes by:
11/1/2017
Employment Lawyer: Marsha411JD, Lawyer replied 9 months ago
Marsha411JD
Marsha411JD, Lawyer
Category: Employment Law
Satisfied Customers: 20,988
Experience: Licensed Attorney with 29 yrs. exp in Employment Law
Verified

Hello,

Thank you for the information and your question. Can you tell me if you qualify for and have been certified for FMLA? Also, have you spoken to the union to find out if the employer is violating the bargaining agreement in suggesting this action? Finally, I am not clear about what you would have "lied" about specifically to the employer, can you clarify that and whether this was to HR or to a supervisor?

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Customer reply replied 9 months ago
I was not at the employer long enough to be put on FMLA, so I was advised from the Union President to go on short term disability, I was with the head guy at Human rescources and my union president, when they claimed that I said I was off of work for my breast cancer, I do not know what I was really saying I was ashamed and in a really bad place mentally, I was seeing a psychiatrist and going to counseling, while I was off of work, mentally I am very stable now! They want to terminate me because they said I lied to them in our 1st meeting, that I was off because of breast cancer, but on my doctors excuse it said I was off for AUD. When I went to work for the first day back today, this is when they called me in and asked y I lied, I didn't remember what I had said!
Customer reply replied 9 months ago
I did tell my supervisor that I was off for depression and alcohol, he is not in the union, he is company, should he have kept that information between ourselves, or can he tell HR about our conversation?
Employment Lawyer: Marsha411JD, Lawyer replied 9 months ago

Hello again and thank you for your reply, however, I am still a bit unclear as to what you said to who and whether or not the union has told you that you would have a basis for a grievance under the bargaining agreement. However, since I am not your attorney, I don't need all of the details to provide you with information related to your question.

Since you don't qualify for FMLA, your employer could technically terminate you for either attendance policy violations or for the reason they are saying they will terminate you as long as doing so doesn't violate the bargaining agreement and they have proof that you told them something false.

That said, your supervisor had no right to know why you were off. In other words, the only people that have a right to your medical information are the employee's in HR who handle disability insurance and medical leave. So, if you are being accused of lying to a supervisor about something they have no right to know, then you likely would have a wrongful termination case under the ADA and medical privacy laws. You will want to speak to a local employment law firm that deals with disability discrimination and wrongful termination to see what they say about your case after you have provided them with in depth detail about your case.

Also, of course, if you are terminated, then you should file a grievance through the union, which is your right to do.

Please feel free to ask for clarification if needed. If none is needed, then if you could reply to this message and let me know that I covered your question, the Site will give me credit for assisting you today. Thank you

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Customer reply replied 9 months ago
No the employee in HR said that I lied for the reason I was off of work, I was mentally unstable,I was not in a good place at all, I barely recollect having the conversation, can they hold that conversation against me if I am mentally incapable to really function in that meeting?
Employment Lawyer: Marsha411JD, Lawyer replied 9 months ago

I really can't get into the particulars with you because am not, and cannot be, your attorney. That is why I advised you to speak to a local attorney who can gather all of the facts and represent you. I can only tell you what the law is, which I have done. That said, if you did make a false statement that was to a person who had the right to know why you were absent, then yes, you can be held responsible for your statements. The fact that you were in an altered state doesn't negate your responsibility to tell the truth.

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