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chad bonnet
05-13-2006, 07:17 PM
can i be fired for admitting myself to a 30 day alcohol rehab program?

cbg
05-15-2006, 08:20 AM
That depends. Is your employer subject to the ADA?

chad bonnet
05-15-2006, 05:24 PM
i am not sure. is this the americans with disabilities act? how do i find out? isn't the ada a federal law?

Pattymd
05-15-2006, 05:46 PM
Yes it is and yes, it's a federal law. The employer must have at least 15 employees to be subject to it, however.

chad bonnet
05-15-2006, 09:42 PM
my employer has approx 15 restaurants and my restaurant employs 142 people. i am the general mgr. i believe i fall under the key employee clause and the restaurant would suffer financial hardship if i were to enroll in rehab. thusly, i believe that they could let me go in the best interest of the business. is this in fact true? if this is erroneous what steps can i take to ensure my job?

cbg
05-16-2006, 11:28 AM
You're gettting WAY too situation specific for a message board to answer. You might want to see what the EEOC says.

chad bonnet
05-16-2006, 01:38 PM
what is the eeoc? please

joe916
05-16-2006, 01:48 PM
What state are you in? There may be state laws covering rehab which could apply.

chad bonnet
05-16-2006, 03:00 PM
montana, let me know

ElleMD
05-16-2006, 08:37 PM
Being a key employee would impact FMLA, not ADA. If you were a key employee, your employer was not obligated to reinstate you to the same or equivalent position.

See here http://www.dol.gov/esa/regs/statutes/whd/fmla.htm

(b) EXEMPTION CONCERNING CERTAIN HIGHLY COMPENSATED EMPLOYEES.--
(1) DENIAL OF RESTORATION.--An employer may deny restoration under subsection (a) to any eligible employee described in paragraph (2) if--
(A) such denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;
(B) the employer notifies the employee of the intent of the employer to deny restoration on such basis at the time the employer determines that such injury would occur; and
(C) in any case in which the leave has commenced, the employee elects not to return to employment after receiving such notice.
(2) AFFECTED EMPLOYEES.--An eligible employee described in paragraph (1) is a salaried eligible employee who is among the highest paid 10 percent of the employees employed by the employer within 75 miles of the facility at which the employee is employed.

cbg
05-17-2006, 12:17 PM
I don't know; it would seem to me that since he posted in the Montana forum, it would be logical to assume that he's in Montana. But that's just me.

tacomoney
05-17-2006, 03:09 PM
why would you get fired for that :confused: ...........................my mom was in alcohal rehab and she didnt get fired

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