Restaurant Social Media
Wrongful Termination?
An employee has been extremely ill with medical records to show their illness. One time they had something to drink about 3 hours before coming to work and failed a breathalyzer. While the person was still on medical leave they had a shot of something, went to the place of employment (retail operation) and was terminated off the clock not getting ready to work nor scheduled to work. They were not given any kind of drug or alcohol test when they were terminated. This person has been so sick that they have been sent to a trauma hospital for vomiting blood , received several blood transfusions due to internal bleeding and have been in Medical Intensive Care Unit of the major trauma hospital. Wrongful termination ? ...
Tags: Human, Liquor, Management, Resources, general, operations, termination, wrongful
Replies to This Discussion
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Permalink Reply by John Bernier on -
The following questions need to be answered:
1. What is length of service for the employee and would they qualify for FMLA?
2. Is this illness being precieved as a disability so they are protected by the ADA?
3. What does the employee's handbook say about reporting to work under the influence of alcohol?
4. Does the employer have a EAP and has the employee been referred to the EAP?
5. What disciplinary action has been taken prior to the latest incident.
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Permalink Reply by Keith Bernhardt on -
If the employee is really sick, I would think drinking alcoholic beverages would just compound it ?
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