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I'm an open heart registered nurse. I have been in recovery…

Customer Question
I'm an open heart...

I'm an open heart registered nurse. I have been in recovery for 18 years. I signed a contract with a travel company and now they are trying to cancel the contract due to my history. I VOLUNTARILY surrendered my nursing license in 2001 and was reinstated in 2003. I feel sure there are nurses working in that particular hospital who are also recovering alcoholics/addicts. Can I sue them for discrimination??

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

Alabama

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

Its an 18 week open heart scrub nurse position contract that's been signed. My start date was supposed to be today. Out of the blue- last week they decided they wanyrd me to go in to do another urine drug test for suboxone. I have never taken that drug in my life.

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

Not that I can think of

Submitted: 1 month ago.Category: Employment Law
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Answered in 2 minutes by:
3/12/2018
Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago
Gerald, Esq
Gerald, Esq, Attorney
Category: Employment Law
Satisfied Customers: 5,103
Experience: Over 30 years of experience
Verified

Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Customer reply replied 1 month ago
Please reply asap. I feel I am being treated very unfairly and unlawfully since many health professionals are in recovery- have jobs- and perform their duties without any impairment. Like I said- I have been in recovery for 18 years
Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

I am working on your answer now. It takes me time to type a thorough response. thank you for your patience.

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Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

If you are in recovery you are protected under the Americans with Disabilities Act. The ADA provides limited protection from discrimination for recovering drug abusers and for alcoholics. An individuals who has been successfully rehabilitated and who are no longer engaged in the illegal use of drugs, who is participating in a rehabilitation program and is no longer engaging in the illegal use of drugs is protected against discrimination.

BUT -- It is not a violation of the ADA for an employer to give tests for the illegal use of drugs. Employees may be required to follow the Drug-Free Workplace Act of 1988 and rules set by federal agencies pertaining to drug and alcohol use in the workplace.

So they may ask you to be drug screened as long as they are doing so as part of a company wide policy regarding random screens. They may NOT single you out because of your past history.

If you feel that you are being discriminated against you can file a complaint here:

https://www.ada.gov/complaint/

You can also file with the State here:

https://www.workplacefairness.org/file_AL

If you need local counsel you can find one here:

http://lawyers.findlaw.com/lawyer/practicestate/discrimination/alabama

Also see:

https://www.eeoc.gov/laws/statutes/ada.cfm

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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Customer reply replied 1 month ago
No- do not want to switch to call
Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

Please note the phone call requests are generated automatically from the system. I do not control them.

Thank you for understanding.

Kind regards,

Gerald

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Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

They are purely optional and I do not want you to spend extra money if it is not necessary. We can continue to post at no additional charge.

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Customer reply replied 1 month ago
I’m not working so it would be foolish to spend $$ to talk since we can continue this way. I was supposed to start today. All employment required tests-medical test results required by company- negative drug screen were all completed and the plan was for me to start orientation today. The travel nurse company is LRS who is owned by AMN. I was going to commute daily to Montgomery Alabama to Baptist Hospital South for the 18 week contract. All 3 companies were FULLY AWARE OF MY SITUATION way before last week. They suddenly decided ( still not sure who initiated the tests) that they wanted me to go in and do another drug screen for suboxone. I have NEVER taken that medication in my life. It’s my understanding it’s given to heroin addicts to prevent withdrawals. It’s highly addictive which makes me question why the medication is even given to addicts. When the recovering addict completes treatment they are no longer in physical withdrawals as far as I know. Them requiring me to be tested pushed my start date back 2 weeks but now they are wanting to cancel my contract because I’m considered a “risk”. The results of drug test aren’t even back but it will be negative. I do not take that!!!
Customer reply replied 1 month ago
I know the travel company LRS did not initiate the testing. It was either AMN OR BAPTIST HOSPITAL OR BOTH
Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

No worries about the call. that is fine.

Give me another minute to respond

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Customer reply replied 1 month ago
Thank yoi
Customer reply replied 1 month ago
You
Customer reply replied 1 month ago
What happens if I choose to file a law suite and the hospital has nurses in recovery employed there???
Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

This clearly sounds like discrimination. I suggest you start with the complaint to the Alabama agency. Often you can file a dual complaint with them and they will also investigate for the federal government.

You must file the agency complaint before you sue any way.

Then contact a local discrimination attorney. They will meet to assess your case at little or no cost to you.

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Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

ADA is focused on you individually. So I would not worry about other employees situations.

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Customer reply replied 1 month ago
now- with my contract having been signed and my start date today- I’m missing more work which means I don’t get paid. I’m going to be evicted from my apartment because I’m not getting paid. Am iin a position to demand pay??
Customer reply replied 1 month ago
Who is the Alabama agency??
Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

You are enrtitled to damages, but you will not see them immediately. You have to start the process.

Here is the state agency:

https://www.workplacefairness.org/file_AL

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Employment Lawyer: Gerald, Esq, Attorney replied 1 month ago

Often the agencies are able to get you a positive resolution including back pay and damages. That is your first step.

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Category: Employment Law
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