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My employer is forcing me to stop drinking and attend AA meetings. My drinking has never affected my work. Caitlin July 7th, at Yes, this is probably legal. If you have ever had a drink before work, or smelled like alcohol at work, or come to work still under the influence from the night before, or missed a day of work due to a hangover or being drunk, or been late due to a hangover, or been charged with DUI or drunk and disorderly conduct, or acted inappropriately while intoxicated at a company event, your drinking has affected your work.
Often times cooperation with coworkers suffers when someone drinks too much away from work. Most drinkers do not realize how pervasive the effects of alcoholism are until they stop drinking.
If your drinking was not affecting your work, the company would not know about it. You do not have to agree to rehab and AA meetings, however, in most cases the employer can fire you if you refuse. You may be entitled to unpaid time off work to seek treatment.
HTH, and thanks for reading the blogs! As I said my drinking did not interfer with my work what so ever. Caitlin July 8th, at In that case, we can understand your frustration, but this is still legal. Your case manager apparently believes that drinking is either the cause of your depression, or contributes to it.
Alcohol is a depressant, and people who are depressed often self-medicate with alcohol. You could have filed for FMLA and refused to supply a diagnosis, although that leave would be unpaid and limited to 12 weeks per year for all causes.
The employer is correctly treating your request for a leave of absence as a request for an accommodation under ADA. Both depression and alcoholism are disabilities under ADA. In that case, they have the right to gather more info about your disability. You can certainly consult an attorney if you feel the employers actions are unreasonable.
But the harder you fight this, the more it looks like you have a drinking problem. You are saying that my work place as the right to make me stop drinking even if my condition Alcoholic does not interfer with my job? Is this not like saying a employee that suffers a heart problems can not work until they quit smoking?
Yes, that is what we are saying. In the employers mind, your drinking has affected your job — it has caused you to request a leave of absence for depression.Mandatory Leave of Absence.
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