Legal Question in Disability Law in Pennsylvania
Asked to quit because I said I needed to go back to Rehab.
A few days ago, I had 4.5 years of soberity. Today ( June 22nd I have two days) I drank and then told my employer that I was going to check back into Rehab. I said, that I probably would not be in work the next day because of my condition.
The VP of Company asked for my resignation after I told them I needed help. They said they were probably going to replace me.
This was the first time that I have ever relapsed since I have been in AA. I never drank on the job and in fact I drank on my own time, on my day off.
I did sign an at-will contract, but don't you have to have a papertrail in order to fire someone?
Is this illegal?
Thank you.
JBL
1 Answer from Attorneys
Re: Asked to quit because I said I needed to go back to Rehab.
Congratulations on making 4.5 years. That's an accomplishment. You did it once so you know you can do it again. Day by day.
The situation you describe is suspect but an attorney would need more information to make a determination.
Various laws give an employer and an employee a number of rights and responsibilities. First, as you know is the doctrine of at-will employment. This means that employees are generally able to be discharged with or without cause as long as there is no discriminatory or otherwise illegal purpose behind such termination. Even in the most aggregious circumstances a paper trail is not required. A paper trail would only provide evidence in a potential litigation.
Other laws such as anti-discrimination laws and particularly the Family Medical Leave Act would also apply to such a situation. The law has separate elements that must be satisfied including qualifications for the employer and employee. Such things as qualifying number of employees, established policies, type of employment, the cause for adverse action, condition(s) of employee, and notice to employee and/or employer all play into the calculus.
You may have a claim or you may not but a consultation with a qualified attorney is necessary to make that determination. It so happens that I am well experience in negotiating, prosecuting and defending claims of unlawful discharge. It takes a knowledge of business law, corporate practices as well as litigation skills to deal with these matters.
You have rights which may be expiring in a very short time frame. Employment matters have some very strict statutes of limitations. While it is important that you proceed with rehab on schedule it is also important that you start working on this matter so that your rights may be protected.
You should contact me or another competent attorney right away to protect your rights and potentially prevent further harm.
Good luck,
Roger Traversa
email: [email protected]
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