Legal Question in Disability Law in California

Re: Can i get fired for telling my boss i need to go into a alcohol treatment pr

California law provides protection, for employees employed in companies with 25 or more employees, against adverse employment action because of participation in a substance abuse program.

Re: Can i get fired for telling my boss i need to go into a alcohol treatment pr

First, you are to be commended for recognizing that you have a problem and are willing to take steps to address it before you hit rock bottom. In my opinion, taking care of your health should be your top priority. Worrying about your job is not as important.

California and federal law recognizes alcoholism as a disability and imposes an obligation on employers to reasonably accommodate such disabilities by allowing employees to enter into treatment facilities. You should discuss your situation with the Human Resource manager at your employer, after you have received the necessary information from your physician and/or counselor. If it appears that your employer is going to give you a hard time, see an employment law attorney as soon as possible to help you.

Re: Can i get fired for telling my boss i need to go into a alcohol treatment pr

It is important that you document the fact that you are seeking treatment. I recommend that you write a letter/email to your boss telling your boss exactly what you are doing, so that it is clear you initiated the request for treatment, before you were disciplined by your boss. The protections apply if you initiate the request. If, on the other hand, you are disciplined by your boss for drinking on the job, for having alcohol on your breath (perhaps for being constantly late, or for whatever other reason the boss might create), you can be fired. If you are fired after you initate treatment, you have a lawsuit for retaliation. I would suggest putting it on paper now, copy it to the head of HR, or the owner of the company and request that the fact you are seeking treatment remain confidential, and that you be allowed to return to your job once out of treatment. Or, if you want to let the employer know you're serious, have an attorney draft the letter (that might give you an added measure of protection.) If you write an email, also send a letter, and send it certified. Good luck; feel free to write back if you have any questions.

Re: Can i get fired for telling my boss i need to go into a alcohol treatment pr

IF you request the company give you a leave as part of you going into rehab, the law protects you from retaliatory firing. Put all discussions in writing. If you need legal help in the process, or if the company balks, contact me to discuss.