Legal Question in Disability Law in California
Company condones drinking on the job - I'm an alcoholic
I work for a small staffing company
(8 people total in the office - but we
employ about 40 contract
employees)
I am 52 years of age - the owner is
40 and everyone else is 30 or
under.
Everyone in the office drinks - the
boss condones this behavior by
having special lunches and events
(company paid and sponsored)
where everyone is encouraged to
drink (shots of tequilla for example).
then we return to the office where
there are ''peer pressure'' type
drinking games that employees are
strongly encouraged to partake in.
I refuse - I have been sober 15
years. I have been with this
employer 10 months. this behavior
is constant. I have talked to the
co-owner (who doesn't drink that
much and seems approachable)
about it. But his partner continues
the behavior.
what recourse do I have - the
environment feels unsafe and
frightens me?
2 Answers from Attorneys
Re: Company condones drinking on the job - I'm an alcoholic
If, drinking in the workplace creates a real or potential danger to employees or the public, you can complain. It is unlawful to fire an employee who makes a good faith complaint about workplace safety (Cal. Health and Safety Code, section 6310). Such a complaint should be in writing. But be prepared for the fallout, because your employer and co-workers are not going to be happy with you.
Re: Company condones drinking on the job - I'm an alcoholic
What you describe is not illegal, but certainly poor mgmt. You can stay or leave, but there are probably not grounds for any legal claim, unless you could twist the facts into a failure to accommodate your 'disability' -- alcoholism. You could try to file such claim with the Dept of Fair Employment and Housing, to see their response. Unless you file with them, you can't bring a legal claim against the employer. Feel free to contact me if serious about pursuing this and the DFEH allows you to file.
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