Job Retention After Rehab New York

[Regalhank]

Can an employer let an employee go who has been in rehab--not specifically for the rehab reason but because they need someone in the job? How long would they have to be gone? Do you have to offer some kind of job on return?
How good a case would they have if they claimed that the reason for the job loss was because they were in rehab?

[Morgana]

How many employees do you have? How long has the person been working for you?
Could this person be eligible for FMLA?

[Pattymd]

And rehab for what?

[Regalhank]

There are only 11 employees each with a distinct job description. This is a hypothetical situation but the "employee" is someone who has worked here over 20 years and I'd say the rehab would be for alcoholism--not a broken bone or bodily medical problem, let's just say. I'm saying the termination would not be because of the alcoholism rehab but because of company need but if said employee took this to court claiming discrimination because he/she was an alcoholic, how good would that case be?

[Pattymd]

Probably not very, since being an alcoholic is not protected under the law. Since FMLA does not apply, you do not have to hold "someone's" job.

[hollywood7]

Well alcholism isn't covered under fmla. But this employee has worked for your company for 20 years and know when he realizes he has a problem the company he supported for 20 years is gonna turn there back on him? I hope you don't ever get in a sitution in life where there's people like you who would do such a thing as fire someone for getting help with an addiction. maybe the other employees can do extra work untill that employee comes back from rehab. he must of been a decent employee or he wouldn't of lasted 20 years. Companies like your's is the reason this country needs union's to protect working people from losing there job's. Tell you the truth if he finds out he'll have no job when he gets out he's still better off going to rehab then working for a company like yours!!!!!!!!! do you believe in karma? you better !!!

[Pattymd]

The OP asked CAN he terminate him, not SHOULD he. A company with only 11 employees can't normally do without one employee for an extended period of time.

[hollywood7]

Well what do you think he was asking you if he was allowed to LET him go? And second rehab. for alcholism doesn't require a long period in rehab. And don't you think after 20 years he deserves a chance to get sober and not have to worry about his jub when he gets out? Be happy the guy didn't claim he goy hurt on the job and took off as long as he needed to get sober! There isn't one thing you can say to make what he wants to do to let this guy go to make me believe its ok! you don't know what addiction is unless you been there! and believe me theres alot of reason he could be going to rehab besides drugs. 2000000000000000 YEARS!!!!!!!!!!!!! THATS THE KEY TO YOUR ANSWER! TRY HELPING SOMEONE OUT IT MIGHT MAKE YOU FEEL GOOD ABOUT YOURSELF!!!!!!

[Betty3]

hollywood7, you want to calm down a little bit, please. The poster asked a legal question & Patty gave him the correct legal answer. That's what we do here - after all this is a legal forum.