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  1. #1
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    Jun 2014
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    Evansville, IN
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    Question 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

  2. #2
    Join Date
    Jan 2006
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    38,867

    Default Re: Employment Discrimination and Marijuana Use Since Fired

    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.

  3. #3
    Join Date
    Jan 2015
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    1,142

    Default Re: Employment Discrimination and Marijuana Use Since Fired

    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.

  4. #4
    Join Date
    Mar 2013
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    18,340

    Default Re: Employment Discrimination and Marijuana Use Since Fired

    Quote Quoting JohnAppleseed
    View Post

    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)
    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/

  5. #5
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    Oct 2014
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    8,238

    Default Re: Employment Discrimination and Marijuana Use Since Fired

    Quote Quoting JohnAppleseed
    View Post

    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?
    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).

  6. #6
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    Sep 2010
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    Default Re: Employment Discrimination and Marijuana Use Since Fired

    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.

  7. #7
    Join Date
    Jun 2014
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    Evansville, IN
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    Default Re: Employment Discrimination and Marijuana Use Since Fired

    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.

    Quote Quoting Taxing Matters
    View Post
    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).
    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?

  8. #8
    Join Date
    Jan 2015
    Posts
    1,142

    Default Re: Employment Discrimination and Marijuana Use Since Fired

    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.

  9. #9
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    Jun 2014
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    Evansville, IN
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    18

    Default Re: Employment Discrimination and Marijuana Use Since Fired

    Quote Quoting comment/ator
    View Post
    . 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.
    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.

  10. #10
    Join Date
    Jan 2006
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    38,867

    Default Re: Employment Discrimination and Marijuana Use Since Fired

    Quote Quoting JohnAppleseed
    View Post
    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?
    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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