Legal Question in Employment Law in District of Columbia

Employer Forcing EAP - Mandatory or Fired
Can employers ~force~ (make mandatory) an employee to go to EAP (Employee Assistance Program), without any valid reason (ie, no drugs, personal problems, or decline in work production)? It is my impression that EAP is ~optional~ and only to be suggested. About 2 wks ago, another employee had a very aggressive, verbal and physical confrontation with me. I didn�t lose my temper, although this woman was doing everything to instigate me (her face was right up in mine, she blocked me from leaving my cubicle, and kept swinging her hand inches away from my face). I asked her to leave the department, she refused. I told her she needed to calm down, but that only angered her more. When I realized that there was going to be no end to this, I called HR and requested they come down immediately to control an extremely aggressive and out of control employee. (Every person in the department was witness to this all!) I believe I did everything I could to keep the situation from escalating. So, now 2 weeks later, my manager calls me into her office and says that I have to go to EPA, and I have no choice, that it�s mandatory. Can they do this? Do any laws protect what employers can force people to do?

Asked on 8/14/01, 10:49 am

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Employer Forcing EAP - Mandatory or Fired

If you're a public employee, you may be able to file a grievance or lodge a complaint through your

local union representative, if you have one.

If you're privately employed and belong to a union (less likely these days), your shop steward

may be able to help. If your employed with a private company without a union, you probably have no alternative

other than to comply as both D.C. and (I think)Maryland are so-called "employment at will"

jurisdictions where employees can be terminated

(excepting certain limited circumstances) at will

by private employers for virtually any reason.

Answered on 8/16/01, 11:50 am

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