Legal Question in Employment Law in California

lost job

I have been a credentialed teacher for 7 years at the same school and was given 36 hours to resign based on the fact that I was in an alcohol detox program. Is this legal or do I have a case?


Asked on 5/13/07, 4:37 pm

2 Answers from Attorneys
Michael Kirschbaum Law Offices of Michael R. Kirschbaum

Re: lost job

Alcoholism is considered a disease and a disability and has protection under the law, under certain circumstances. Many factors need to been known before a lawyer can determine if you have a case, but one thing is certain. You should not resign. As a credentialed teacher, you have rights. Exercise them.

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Answered on 5/14/07, 12:12 pm
Terry A. Nelson Nelson & Lawless

Re: lost job

Depends -- upon your contract or CBA, and upon the facts and law. Your 'disability' of alcoholism has to be accommodated, and if that means a treatment program, then you have rights you should assert. BTW: Your rights do not extend to coming to work under the influence, so if that is the allegation, you could be fired. Feel free to contacat me for legal help, and don't resign without consulting someone, asap.

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Answered on 5/14/07, 2:04 pm


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