Consequences of Illicit Drug Use While an Employment Discrimination Case

My question involves labor and employment law for the state of: Indiana Federal Court.

We are waiting right now as the EEOC is investigating employment discrimination against previous employer A) for alcohol abuse under the ADA, and the same against hiring company B) for the same. (in addition to other charges being against company A)

Now if I have turned to Marijuana personal use as well (depression, anxiety, etc) in these 6 months, should I mention this to my lawyer? More emotional damage?

I have been applying for jobs this entire time as well.

Thank you in advance
John

I'm curious; what is your claimed disability regarding the alcohol?


while disclosing the illegal use of marijuana to your attorney probably isn't going to hurt you, disclosing it to anybody else, especially regarding you stated situstion is pretty foolish.

its clear that an employer can terminate you and prospective employers can refuse to hire you when you admit to being a criminal.

I think you're going to be surprised at how the EEOC actually finds in this really vague situation, as it sounds as though you imagine that you have a lot more rights and are going to get a lot more satisfaction out of this than you predictably are. Did your lawyer take this case pro bono?

You may want to share your marijuana use with your attorney, I bet he/she has already figured it out, but what exactly do you think you'd have to gain over this sharing? Are you saying that discrimination and abuse by your former employer has caused you to smoke pot? Or that you have some sort of ADA protections which they did not honor when they fired you for being an alcoholic and/or a pot smoker?

I also wonder if you have applied for and been approved for unemployment benefits since your termination?

And it seems you're not getting any jobs in the last six months though you're applying. You were fired for alcohol use, right? If you are sharing freely with other prospective employers about the reason you left your last job and the lawsuit you hope to bring against them when the EEOC finishes their investigation, this is not going to make you a hot prospect for hiring on any other job.

And even if they were to decide they'd like to hire you, you can't pass their drug tests if you were selected after an interview. Sounds to me like you're wasting a heap of time imagining you've got a whole lot of legal ground to stand on with this so called case in Indiana Federal Court. I've seen a great many alcoholics lose their jobs, none of them ever got any ADA or discrimination suits filed that led to anything. You need to get yourself into drug and alcohol rehab, get perfectly clean and sober, treat your depression and move forward.

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Quoting JohnAppleseed

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We are waiting right now as the EEOC is investigating employment discrimination against previous employer A) for alcohol abuse under the ADA, and the same against hiring company B) for the same. (in addition to other charges being against company A)

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Burris v. Novartis Animal Health U.S., Inc. , 309 Fed. Appx. 241 (10th Cir., Jan. 27, 2009).

ADA claim for alcoholism - Failed.

Vandenbroek v. PSEG Power CT LLC , No. 09-1109-cv (2nd Cir., Dec. 12, 2009).

ADA claim for alcoholism - Failed.

Found those on a site where an article was posted by the Indiana Employment Law Letter:

http://www.hrhero.com/hl/articles/20...-need-to-know/

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Quoting JohnAppleseed

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Now if I have turned to Marijuana personal use as well (depression, anxiety, etc) in these 6 months, should I mention this to my lawyer? More emotional damage?

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Absolutely you should mention this to your lawyer. As a lawyer myself, the last thing I want is to be surprised later when the opposition finds out something my client failed to tell me, especially something that might work against my client’s case. If I know everything, good and bad, I can prepare for it and try to mitigate the damage from the bad. Lots of clients avoid telling their lawyers everything because they think the lawyer will work less hard for them or whatever; but the reality is your lawyer needs to know everything that might impact the case.

Under the ADA an employer cannot discriminate against an employee because he or she is an alcoholic. But that protection does not extend to the actual use of alcohol, especially use of alcohol on the job. So while a diagnosis of alcohol or drug addiction itself cannot be the basis of adverse treatment of an employee, employers can take action over the actual use of alcohol and drugs (and most especially illegal drugs).

Does this mean I can get disabled plates if I'm an alcoholic? Would be real handy when I come staggering out of the bar, won't have to go far to get to my car.

The case applies to alcohol abuse (sometimes) has occurred since my wife died 7 years ago from having breast cancer. I am covered under the ADA. I had a slipup coming up to the anniversary of her death. I was caught by my manager for leaving walmart and bringing bread and beer home in the work van. They were sealed and not opened. Never had a verbal warning, written warning, was a top producer for company and 0 complaints from customer base.

Company A sent an anonymous email to company B, stating drinking & driving in work van (false), caught drinking on job (false), caught leaving mutiple liquor stores (false). Company B wanted to have me explain the anonymous email (as I was scheduled to start with company B in 4 days). Company wont hire me til I have a letter stating cause of termination. Even though I had passed all drug screens, physicals, background check, etc and was supposed to start work in 4 days. I said I resigned in the inverview, and future employer was ready to hire me, (and not question me about any of my past or want to bypass me in employment) until she received this email.

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Quoting Taxing Matters

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Absolutely you should mention this to your lawyer. As a lawyer myself, the last thing I want is to be surprised later when the opposition finds out something my client failed to tell me, especially something that might work against my client’s case. If I know everything, good and bad, I can prepare for it and try to mitigate the damage from the bad. Lots of clients avoid telling their lawyers everything because they think the lawyer will work less hard for them or whatever; but the reality is your lawyer needs to know everything that might impact the case.

Under the ADA an employer cannot discriminate against an employee because he or she is an alcoholic. But that protection does not extend to the actual use of alcohol, especially use of alcohol on the job. So while a diagnosis of alcohol or drug addiction itself cannot be the basis of adverse treatment of an employee, employers can take action over the actual use of alcohol and drugs (and most especially illegal drugs).

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Thank you so much taxing. I was sober for almost 42 months and employed for 45 months ( starting drinking last 3 months of emplyment, but never draink on job, in van, or worked intoxicated ) I have passed all drug screens, while seeking a job, and only started using occasionally since losing the job. My physician has also added an anti depressant since losing the job as well. I think my lawyer said I should look into counseling too. Maybe for addictions?

Yes, it sounds like counseling for addictions would be a good step here. It appears you fudged the truth a bit when applying to company B (told them I resigned) and your old Company A was indignant enough to want to let them know about it. While Company A may just want to mess up your life by making up all these lies about you, it sounds as though you are rather self forgiving about your "slipsies," and may not really accept just how far you might have slipped. Any person who was trained in addiction counseling or familiar with addiction and/or self help and recovery programs would get immediate suspicions from the way you present things that you still have active addictive behaviors going on. Going to work on overcoming and getting back into your counting sobriety time very strictly would be a wonderful thing for you.

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Quoting comment/ator

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. Any person who was trained in addiction counseling or familiar with addiction and/or self help and recovery programs would get immediate suspicions from the way you present things that you still have active addictive behaviors going on.

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Not true. Counselors trained to diagnose and treat addictions will tell you "once an addict (addiction personality) always an addict" And rehab or recovery is part of the addiction and healing process.

Am I working towards sobriety? Absolutely. I have 3 weeks sober now. Did I "slip"? I did.

What company A did is tort as well. Or tortious interference. And doing this wrecklessly and knowingly for ill attempt.

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Quoting JohnAppleseed

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The case applies to alcohol abuse (sometimes) has occurred since my wife died 7 years ago from having breast cancer. I am covered under the ADA. I had a slipup coming up to the anniversary of her death. I was caught by my manager for leaving walmart and bringing bread and beer home in the work van. They were sealed and not opened. Never had a verbal warning, written warning, was a top producer for company and 0 complaints from customer base.

Company A sent an anonymous email to company B, stating drinking & driving in work van (false), caught drinking on job (false), caught leaving mutiple liquor stores (false). Company B wanted to have me explain the anonymous email (as I was scheduled to start with company B in 4 days). Company wont hire me til I have a letter stating cause of termination. Even though I had passed all drug screens, physicals, background check, etc and was supposed to start work in 4 days. I said I resigned in the inverview, and future employer was ready to hire me, (and not question me about any of my past or want to bypass me in employment) until she received this email.



Thank you so much taxing. I was sober for almost 42 months and employed for 45 months ( starting drinking last 3 months of emplyment, but never draink on job, in van, or worked intoxicated ) I have passed all drug screens, while seeking a job, and only started using occasionally since losing the job. My physician has also added an anti depressant since losing the job as well. I think my lawyer said I should look into counseling too. Maybe for addictions?

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if the company rule is no booze in company vehicles, you have no defense either through ADA, EEOC, or any other laws.

Your situation is about defamation, at best. ADA, EEOC, or other such laws are not invoked by the (false) information.

It also appears you lied on your application when applying for work with company B. You lied, you lose.

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Quoting flyingron

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Does this mean I can get disabled plates if I'm an alcoholic?

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I get the sarcasm, but just in case anyone took that question seriously the answer, at least in most states, is no. The definition of disability under the ADA is much broader than a disability that will get you qualified for disabled plates in most states. There are a lot of disabilities that do not affect mobility such that one would need a disabled parking spot.

Note that while the ADA statute itself addresses alcoholism and makes it clear that alcoholism itself can be a disability under the Act, the use of alcohol is specifically stated as not protected under the ADA.

"Q. Are alcoholics covered by the ADA?

A. Yes. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. An alcoholic is a person with a disability and is protected by the ADA if s/he is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol."

Generally ADA protects RECOVERING alcoholics and those in rehab. Don't see how you are recovering if you were caught buying and transporting alcohol in a company vehicle. So I don't see where your ADA case has any merit. Buying alcohol as an admitted alcoholic and bringing it home in a work vehicle was not smart. Congrats on the 3 weeks sober, but unfortunately for you, you slipped and the employer caught it during that slip, not while you were still recovering or in rehab.

Did you sign a background check authorization from Company B? Did it have a hold harmless against former employers and what they might disclose? If Company A believed the things they said to be true (they don't have to prove them in a court of law) and they were truly the ones who sent the anonymous email, then I think even your tort for false information is going to have a hard time holding up.

And if you are covered under DOT driver laws, it is my understanding that the former employer is required to let the new employer know about your issues if they affect driving.