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For the last year i have been dealing with depression from…

For the last year...

For the last year i have been dealing with depression from my daughter who got hooked on heroin. I had been prescribed the antidepressant Paxil. Recently i made a very poor choice at work and could be fired for it. Is there anything that i can claim that my choices were out of character due to depression and medications.

Lawyer's Assistant: Have you discussed the termination with a manager or HR? Or with a lawyer?

Not with a lawyer. Met with management and the Union rep. management want to fire me and the union is fighting to keep my job.

Lawyer's Assistant: Are you an "at will" employee? Do you belong to a union?

I belong to the International Longshoreman's and warehouseman union

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

That is pretty much the basics'

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Answered in 5 minutes by:
3/20/2018
Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,885
Experience: Significant experience in all areas of employment law.
Verified

Hello and welcome to Just Answer. My name is ***** ***** it will be my pleasure to answer your question.

I am truly sorry for all that you are going through on a personal level. Legally speaking, the fact that this poor decision can be traced to a disability (depression) would not give you any added protection, as the law does not require employers to hold disabled employees to different standards of performance. That said, these facts are certainly mitigating circumstances which most employers will consider when evaluating appropriate discipline. Therefore, it's certainly something you can bring up in an effort to persuade your employer to discipline or termination are not warranted. But again, from a legal standpoint there is no additional protection here, even though your poor choice might have been caused by a disability or difficult life circumstances. I am truly sorry to tell you that.

If there is anything else I can do for you, just let me know. It's my pleasure...

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Customer reply replied 1 month ago
Yea. Pretty much figured. But thanks.
Ok. Next question. I became a dispatcher Jan 2017. My training was only one week long of job showding the past dispatcher. Most everything was learn as you go. There was no formal training and nothing on contract violations.
As a dispatcher I had dispatched myself to a job (correctly)and I performed the job, but when I filled out the payroll slip I put my son down instead of me. This gave him industry hours. Our contract reads (and I did not know this language was in there) "that any dispatch Hall found guilty of favoritism discrimination or bribery will be immediately deregistered".
Every other disciplinary act has a stair-stepped disciplinary action attached to it for example assault first offense 30 days off second offense 6 months off third-offense deregistration drunk or drugs on the job first offense has 30 days off second offense so on and so forth. Even though what I did was extremely stupid is there anything I can claim on the lack of training

Yes, I certainly think that you can argue that a lack of training led to this mistake and use that as a mitigating factor.

Patrick, Esq.
Category: Employment Law
Satisfied Customers: 13,885
Experience: Significant experience in all areas of employment law.
Verified
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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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