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  1. #1
    Join Date
    May 2008
    Posts
    2

    Default Terminated Alcoholic And Addict In Recovery

    My question involves labor and employment law for the state of: Texas
    I am a physician who lost the ability to practice clinical medicine due to chemical dependency. Therefore, I looked at medical writing as an alternate career. I have been in recovery and sober for over 2 years. I was hired by a contract research organization at the end of February as a beginning medical writer. First, as a new medical writer, they allowed me to work from home over 1000 miles away from the company. Secondly, my manager harrassed me each time we had a teleconference. I had voluntarily included on my application for employment that I was a recovering alcoholic and addict and that I had been to treatment. Approximately 8 weeks into my job, my manager called and again was very crass and accusatory. She stated something to the effect, "I found out something about you". In the beginning, she was very nice and told me that the initial training period would give me ample time to learn the system. However, the tone changed and last week I was terminated under the company's 90 day "probationary" period. While I do not have concrete proof, I feel the decision was due to my history of chemical dependency. I began keeping notes of our conversations because they had become so ominous (as it relates to me being terminated). I have my own opinions, but I will hold them for now. Does anyone have any comments? Thanks.

    FYI- The company is headquartered in North Carolina. I was working through the Austin, Texas office as a regional employee in Cleveland, Ohio (home based job)

  2. #2
    panther10758 Guest

    Default Re: Terminated/alcoholic And Addict In Recovery

    As a 22 year sober alky I congrats you on two years. Now the bad news the action was not unlawful

  3. #3
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Terminated/alcoholic And Addict In Recovery

    Alcoholism and addiction can be disabilities under the ADA. (Current use of illegal drugs, however, is not a disability under the ADA.) If you believe that your employer terminated your employment because of either, you may want to contact EEOC or the state equivalent.

    If you included on your application that you were "a recovering alcoholic and addict" and you were hired, why do you think that those facts caused your termination?

  4. #4
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: Terminated Alcoholic And Addict In Recovery

    However, the tone changed and last week I was terminated under the company's 90 day "probationary" period.
    This is not illegal. You can be terminated during your probationary period because it's a day ending in Y.

  5. #5
    Join Date
    May 2008
    Posts
    2

    Default Re: Terminated/alcoholic And Addict In Recovery

    They, my manager and the medical writing team, did not know about the history at the time of hiring me. I called one of my references the day I was hired and he said they had not called him yet. The HR dept has an outside agency do all the background checking, etc. They hired me the day I interviewed, so they must have been somewhat impressed with my qualifications. It is my belief that they did not know that information until after I was hired.
    Quote Quoting mitousmom
    View Post
    Alcoholism and addiction can be disabilities under the ADA. (Current use of illegal drugs, however, is not a disability under the ADA.) If you believe that your employer terminated your employment because of either, you may want to contact EEOC or the state equivalent.

    If you included on your application that you were "a recovering alcoholic and addict" and you were hired, why do you think that those facts caused your termination?

  6. #6
    panther10758 Guest

    Default Re: Terminated Alcoholic And Addict In Recovery

    Quote Quoting LawResearcherMissy
    View Post
    This is not illegal. You can be terminated during your probationary period because it's a day ending in Y.
    The above sums it up best

  7. #7
    Join Date
    Dec 2005
    Posts
    200

    Default Re: Terminated Alcoholic And Addict In Recovery

    An employer subject to the federal EEO laws cannot terminate an employee because of prohibited factors, even during a probationary period. If your employer has at least 15 employees, you think you were fired because the terminating official found out that you are a recovering alcoholic/addict, and those are disabling conditions under the ADA, you can file a charge with EEOC or the state equivalent alleging that you were discriminated against because of your disabilities.

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