amandaw

Specifically if not attending a meeting at a work related conference due to a hangover (off site-didn't show up under the influence) is protected by the ADA since I disclosed my disability (alcoholism) to my supervisor the day it happened and asked for help.

amandaw

I'll give the entire story if I'm allowed to post it.

doggonecarl

This from the dept. of Justice:

Are alcoholics covered by the ADA?


A. Yes. While a current illegal user of drugs is not protected by the ADA if an employer acts on the basis of such use, a person who currently uses alcohol is not automatically denied protection. An alcoholic is a person with a disability and is protected by the ADA if he or she is qualified to perform the essential functions of the job. An employer may be required to provide an accommodation to an alcoholic. However, an employer can discipline, discharge or deny employment to an alcoholic whose use of alcohol adversely affects job performance or conduct. An employer also may prohibit the use of alcohol in the workplace and can require that employees not be under the influence of alcohol.

If you are hoping to save your job, good luck. Revealing your problem after the fact seems more like a CYA move.

amandaw

This would be the first time I've been disciplined. When I first said I was sick my employer was fine with it. When i said I have alcoholism and have been in treatment before and wish to be in treatment again, is when my employer decided to put me under investigation. I was not getting paid for the conference. I went voluntarily, but they did pay for me to go. Again, I didn't represent my school district under the influence nor have I ever been reprimanded. I have good relationships with coworkers, parents, and students and have had all positive evaluations. I got advice from an expert in HR and she said that disclosing my disease the second my boss entered my hotel room was the best thing I could do because I did so before being under investigation. At this point my school district needs a legal reason to fire me since it is past the pink slip deadline and I signed a contract for the next school year.

Fly N Buy

Are you going to work on getting sober?

Anna

Are you focusing on recovery Amandaw? That sounds like the best thing to do under the circumstances.

miamifella

This is a bit of a guess, but.... You seem to be giving a lot of reasons why they should not fire you....which makes me think that deep down you think they should.

And if hangovers"adversely affect job performance or conduct" there is not much you really can do.

amandaw

Yes! This was a relapse. I'm going to start a doctor supervised rehab no matter the outcome. I've already signed paper work, they just need a start date which I can't give them until this investigation is over. I think I've made it clear that I want help. I'm just wondering if I have a case of they try to fire me. I can show I've been in the care of the doctor since before the incident.

amandaw

Deep down I think they shouldn't fire me. I'm just scared. This is one incident. I have never used more sick days than allotted. I have been doing really well this year with sobriety. I just had a bad day. One bad, bad day.

amandaw

A hangover would be considered a symptom of my disease. Look I'm asking for legal advice, not preaching. I screwed up and I get that. I spent time on the ADA website. I never once showed up drunk to a school related activity. This was a voluntary conference that I was not payed for. I just didn't go to one day of the conference. Yes, I'm scared for my job. I have two kids, a mortgage, etc. I'm scared. I cry day and night since this occurred. I love my job and it has done so much for my sobriety. I do have lots of reasons they should keep me. It's true. I just want to know if you guys have any legal experience or advice.

thomas11

That was my first question as well.

amandaw

Which I've answered

Surrender2win

Good luck Amandaw. I'm sure you are scared. I hope it works out for you, and I'm happy that you are working on your sobriety. I'm not sure if there is an attorney on here that can help, but if there is, hopefully, you will get the advice you're looking for. Let us know how it goes. We're all in this together.

LBrain

As others have intimated, you seem to be looking for an out. I don't really care how it looks. But being able to 'prove' you have been under a doctor's care really means nothing.

What I wanted to say is that if you fell from a roof, would you be allowed to enter a hospital for your injuries or would you have to wait until the investigation was over first? A bonafide medical condition requiring "treatment" does not take a back seat to a supposed witch hunt. If you are truly in need of medically supervised treatment - rehab - then just go. If they try to dismiss you because of that, you definitely have legal backing.
But, going just to "CYA" as was mentioned is a cop out.
If you truly need rehab and it can be justified, then go ASAP. That is your best course of action in MY opinion. I don't know crap about legal stuff, but I do know that ADA covers this.

amandaw

I actually have been set up to start outpatient rehab and was just waiting for this conference to be over since I'm not allowed to miss days of rehab. I'm not trying to cover my ass. I'm concerned that they have legal reason to fire me for not attending a voluntary day of training that I was not being paid for except for a per diem for food (which I haven't been paid yet). They also paid my conference fees (which I will pay back the day I missed) and my hotel room (which I will pay back). It's a personal conduct investigation. I did not attend the conference drunk, I stayed in bed. Hopefully there is someone with a legal background who can help. I've received some advice and they say it looks good. The best that can happen is that my school district will allow me to get help and just give me a formal letter of reprimand as this is my first disciplinary issue, and no students were involved. The worst is that I get fired and have a difficult time finding employment in education ever again. I am getting help. Please understand this.

PurpleKnight

Hey Amanda, I'm unfortunately not from the USA so can't help much in the way of legal advice!!

All I got are some words of encouragement for your recovery, I've been there when alcohol and my work life were starting to mix and know the anxiety and stress that it can cause, but I can guarantee that my life got a whole lot more straight forward when I parted ways with alcohol on a permanent basis.

Good luck with the rehab, hope it all goes well!!

Saskia

Amanda, I get your concerns. Dealing with alcoholism is tough and believing your job could be at risk takes it to another whole level. You sound like you are very conscientious. I hope you can find the info you need and that your job people will cut you a break and give you a chance to work on your recovery.

Fluffer

Hi Amanda,

Sorry about your problem there. I'm a lawyer but not in your area of concern (employment law) so I can't give you advice off the top of my head. If you really want to research this you could go to the public law library in your county and ask to see the Rutter or CEB guide on employment law in CA and they will have chapters on the ADA. But honestly it sounds to me like a case of future tripping. Why would they want to fire you for missing one meeting off site? Are you being a little paranoid? I would not even have raised the alcohol thing, just called in sick. Aren't you in the teachers' union? I thought they were impossible to fire. Now that you've raised the alcohol issue, they may have no choice but to investigate due to the sensitive nature of the job. Still, I would think that if you told them first and are seeking treatment, they will not fire you.

GnikNus

Making recovery a priority is a good decision, as it will be of benefit to you regardless of your job situation. Alcohol is what got you into the present circumstances, so a focus on addressing it with recovery is priority
One thing I was wondering- I'm also a teacher in California and have a union at my school. If there's a union presence at your school, would that be of any benefit?
It's natural to worry about what might happen. If all of your ducks are in a row at work and you have a solid reputation otherwise, maybe things will not be as bad as you fear. I know that where I work there is an employee assistance program that includes as a service help with substance abuse issues. So, it's acknowledged as a potential problem in school employee's lives and is there as offered help.
Good luck to you. As a fellow teacher I sympathize with you in this situation.

amandaw

Thanks for all the kind words and advice. I work for a non-Union Charter District. Attempts to organize haven't been successful. I also am technically (barely) not tenured. I signed a contract for this upcoming year but I'm not considered fully tenured until 3:30 pm on the first day of the school year. Yes, I'm paranoid. I m very paranoid. I'm stressing out big time. My meeting with the Superintendent and HR is Monday. I am not drinking though and am taking my Antabuse.

To me it seems silly to fire someone for not coming to a training, but I was kind of forced to admit it because I continued drinking after calling in sick and my boss sort of forced her way into my hotel room to see me under the influence (she basically made my roommate give her the key). The drinking from the night before gave me huge panic issues and I drank to calm down. Bad idea, I know.

Hopefully the district will want to help me. I've been a good employee for the last two years.