Bozman777 Posted November 1, 2012 Share Posted November 1, 2012 Hey everyone, Hoping someone could help with some legal advice in NC. My brother was terminated from his job while on medical leave. His company placed him in rehab for alchohol addiction. He was fired while in rehab for improper use of the company credit card. I understand what he did is grounds for termination. Is is legal to terminate while on medical leave? Thanks Link to comment Share on other sites More sharing options...
brandymac27 Posted November 1, 2012 Share Posted November 1, 2012 I have no legal background whatsoever, so this is just an opinion, but I would think that if the firing is unrelated to the medical leave itself (him being in rehab) and because he actually did something that could get him fired, it wouldn't be illegal. Link to comment Share on other sites More sharing options...
chipwhich Posted November 1, 2012 Share Posted November 1, 2012 The best 2 pieces of legal advice you will ever get. 1) Hire a lawyer 2) If you can't afford to fight the case with the other persons lawyer, either look for someone to do it pro bono or don't hire a lawyer. Employment law varies by state. Link to comment Share on other sites More sharing options...
Bozman777 Posted November 1, 2012 Author Share Posted November 1, 2012 I have no legal background whatsoever, so this is just an opinion, but I would think that if the firing is unrelated to the medical leave itself (him being in rehab) and because he actually did something that could get him fired, it wouldn't be illegal. Well he says he was on a drunken binge when he used the card. He also owned up to it and offered to reimburse them. His supervisor and Manager wanted to keep him employed. He was fired by human resources out of the corporate office in Houston Tx. Well anyway he left rehab and is back in the bottle. Convinient timing on their part huh? Link to comment Share on other sites More sharing options...
DM72 Posted November 1, 2012 Share Posted November 1, 2012 In most states, the employer can pretty much fire you whenever they want to, for whatever reason they want to. If your brother sue, he's in for a tough fight. This is where a union would be very handy. Link to comment Share on other sites More sharing options...
TheGoodBits Posted November 1, 2012 Share Posted November 1, 2012 He was terminated while covered by FMLA which makes things more complicated for the employer. Also I believe that he may have a possible discrimination claim based on his illness, though I'm unclear how the credit card issue plays into it. Bottom line though, is I think regardless of the circumstances he's going to be facing an uphill battle since he did do something that was grounds for termination. Very unfortunate since it sounds like he really needs help. Sorry brother.. Link to comment Share on other sites More sharing options...
DM72 Posted November 1, 2012 Share Posted November 1, 2012 He was terminated while covered by FMLA which makes things more complicated for the employer. Also I believe that he may have a possible discrimination claim based on his illness, though I'm unclear how the credit card issue plays into it.Bottom line though, is I think regardless of the circumstances he's going to be facing an uphill battle since he did do something that was grounds for termination. Very unfortunate since it sounds like he really needs help. Sorry brother.. There's guidelines for FMLA too. Link to comment Share on other sites More sharing options...
AsburySkinsFan Posted November 1, 2012 Share Posted November 1, 2012 1) Hire a lawyer. Every one of these "legal advice needed" threads should begin and end with this quote. Link to comment Share on other sites More sharing options...
Kosher Ham Posted November 1, 2012 Share Posted November 1, 2012 The two in this instance don't really have anything to do with each other as far as I am concerned. He stole from his company. I wouldn't care if it were my wife, she would be terminated immediately. I would say he is fortunate they didn't press charges, which I believe is an option they could have taken as well. Link to comment Share on other sites More sharing options...
DCsportsfan53 Posted November 1, 2012 Share Posted November 1, 2012 The two in this instance don't really have anything to do with each other as far as I am concerned. He stole from his company. I wouldn't care if it were my wife, she would be terminated immediately. I would say he is fortunate they didn't press charges, which I believe is an option they could have taken as well. Think I agree with this. What's the goal in a lawsuit? Force them to hire him back? Financial compensation....for his own poor decisions? Link to comment Share on other sites More sharing options...
TheGoodBits Posted November 1, 2012 Share Posted November 1, 2012 Think I agree with this. What's the goal in a lawsuit? Force them to hire him back? Financial compensation....for his own poor decisions? The issue here is that alcoholism is rightfully acknowledged as a disease and included under FMLA, so you could interpret the action as not a poor choice but a negative effect of the illness. Not saying that I think it's enough, but that's where one could make the argument. ---------- Post added October-31st-2012 at 09:28 PM ---------- http://www.hr.cch.com/news/benefits/020411.asp This case would back up what I suspected... Despite FMLA/ADA protections, an employee can be terminated due to violating work rules. I suspect the OP brother's HR dept was well aware. Link to comment Share on other sites More sharing options...
twa Posted November 1, 2012 Share Posted November 1, 2012 I'd imagine the event preceding the FML renders it immaterial,it is possible to win a award (compensation for lost benefits),but criminal charges are also possible sorry about your brother, but I don't blame the company for protecting itself perhaps this will help http://www.hrhero.com/hl/articles/2010/04/08/alcoholism-and-ada-fmla-liabilitywhat-employers-need-to-know/ Link to comment Share on other sites More sharing options...
Springfield Posted November 1, 2012 Share Posted November 1, 2012 I know that this doesn't really relate to the OP but this is an example of why alcohol should be among the drug abuse testing that employers utilize. Alcohol abuse can be just as bad, or worse, than illegal drugs. It seems strange to me that somebody can take legal action for being terminated for decisions that they made while drunk but just the act of using an illegal substance is grounds for termination on its own. People can make equally bad decisions when abusing either substance. Not only is alcohol not tested for, but employees have possible lines of excuse or rebuttal. Now I hope everything works out for your brother though. Need get him to stay clean. That's the most important thing out of all of this. Link to comment Share on other sites More sharing options...
Bozman777 Posted November 1, 2012 Author Share Posted November 1, 2012 Think I agree with this. What's the goal in a lawsuit? Force them to hire him back? Financial compensation....for his own poor decisions? The goal is to get his job back. He realized he did wrong and needed help so he told them he wrongfully used the card and needed help for his addiction. The Hr dept was in touch with his doctors during his stay at rehab. The doctors and counselors were irate over the timing of the termination. They are the ones that told him to look into a lawsuit. Anyways thanks for the help, my main concern is getting him well. Link to comment Share on other sites More sharing options...
Kosher Ham Posted November 1, 2012 Share Posted November 1, 2012 As others have stated... Consult with an attorney. Hoping that your brother gets well. Link to comment Share on other sites More sharing options...
DCsportsfan53 Posted November 1, 2012 Share Posted November 1, 2012 The goal is to get his job back. He realized he did wrong and needed help so he told them he wrongfully used the card and needed help for his addiction. The Hr dept was in touch with his doctors during his stay at rehab. The doctors and counselors were irate over the timing of the termination. They are the ones that told him to look into a lawsuit. Anyways thanks for the help, my main concern is getting him well. Gotcha. It's certainly a bad situation and I wish you and and your brother good luck with it either way. Link to comment Share on other sites More sharing options...
Dont Taze Me Bro Posted November 1, 2012 Share Posted November 1, 2012 NC is a employment at will state, meaning you can be terminated at any time for any reason with a few things they cant fire you for like serving on jury duty, being on military deployment, etc. Your brother stole money from the company and regardless if he whistle blew on himself and offered to pay it back, its still stealing. Here is a link from one of the state websites: http://www.nclabor.com/wh/fact%20sheets/eaw.htm they even recommend that you hire a private attorney if you feel like his rights were violated. Chances are they were not, given the circumstances. Years ago when I worked at a grocery store, I had an employee caught on hidden camera going into the Deli/Bakery every night on third shift and grabbing a large fountain drink and not paying for it. Even had some refills here and there. He paid for everything else (food, etc.) and his statement was he thought we got free drinks and someone had told him that. Well, they calculated that over the time of employment working third shift, they had about a month or so worth of tape, that he had a total of $150 in sodas. They asked him if he would pay back the total, he agreed. Even got a receipt for it. They then made me fire him and he was shocked. The loss prevention guys said that it didnt change the fact that he stole from the company and him paying them back is the only reason they didn't press larceny charges, take him to court, where the judge would force him to pay back the money. Also, I could be wrong, but my guess is if they placed him into rehab as part of their employee assistance program while they were deciding what legal action to pursue or if they were going to terminate him, then came to the decission to fire him, that is no longer a benefit as he is now no longer employed by the company. Probably what saves them from any legal trouble is the fact that stealing from the company can lead to immediate termination. Also, if it was something covered by his insurance, then they can say he can take out a cobra plan to continue his coverage. Most of the time, large corporations wont fire people in these touchy circumstances unless they know they are protected legally or they would be facing tons of lawsuits that they would lose in a court of law. I hope your brother gets better and Im really sorry that this happened to him. Hopefully, he can find the strength and get back on a good path again with love and support from his family/friends. Just pray this is a wake-up call and he doesnt do anything drastic and it eventually becomes a learning experience and helps him get back on track. Link to comment Share on other sites More sharing options...
DM72 Posted November 1, 2012 Share Posted November 1, 2012 They made him pay for the sodas and they still fired him? Typical. But you pretty much said what I said earlier about an employers right to terminate anyone anytime they want to. Link to comment Share on other sites More sharing options...
Bozman777 Posted November 1, 2012 Author Share Posted November 1, 2012 Thanks alot everyone. To be honest I think my brother thought he was bulletproof. He made a bad decision and it cost him. Mostly he is ashamed and embarrassed. Not a good mixture with alcohol. Link to comment Share on other sites More sharing options...
Dont Taze Me Bro Posted November 1, 2012 Share Posted November 1, 2012 Thanks alot everyone. To be honest I think my brother thought he was bulletproof. He made a baddecision and it cost him. Mostly he is ashamed and embarrassed. Not a good mixture with alcohol. Just make sure a family member/close friend stays with him for the next week or so, just to be safe. Y'all are in my prayers for a successful recovery for your bro, drinking is a hard habit to kick. Link to comment Share on other sites More sharing options...
skinsmarydu Posted November 1, 2012 Share Posted November 1, 2012 Prayers here for ya'll too. Link to comment Share on other sites More sharing options...
pjfootballer Posted November 1, 2012 Share Posted November 1, 2012 They made him pay for the sodas and they still fired him? Typical. But you pretty much said what I said earlier about an employers right to terminate anyone anytime they want to. It was pretty smart on their part. They saved themselves legal fees to take him to court to pay back the money and they may not have ever seen the $150 otherwise. He was duped basically and I think it's funny. If he wasn't sure of the rule about sodas, he should have asked. Link to comment Share on other sites More sharing options...
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