Comments on: Are problem drinkers protected by the law? http://www.hrlegalnews.com/are-problem-drinkers-protected-by-the-law/ Up-to-the-minute cases and law impacting HR Fri, 17 Jul 2009 14:01:31 +0000 hourly 1 http://wordpress.org/?v=abc By: Kandis http://www.hrlegalnews.com/are-problem-drinkers-protected-by-the-law/comment-page-1/#comment-7866 Kandis Fri, 24 Apr 2009 16:11:39 +0000 http://www.hrlegalnews.com/?p=108#comment-7866 So, if an associate has multiple DWI's and is court ordered to treatment for thirty to 120 days, is their job protected? And if so, under ADA or FMLA or both? So, if an associate has multiple DWI’s and is court ordered to treatment for thirty to 120 days, is their job protected? And if so, under ADA or FMLA or both?

]]> By: Sam Narisi http://www.hrlegalnews.com/are-problem-drinkers-protected-by-the-law/comment-page-1/#comment-275 Sam Narisi Tue, 10 Jun 2008 15:35:51 +0000 http://www.hrlegalnews.com/?p=108#comment-275 John, A similar issue came up in a court case several years ago. An employee missed 2 weeks of work while he was in jail for a DWI (it wasn't his first) and couldn't make bail. He sued, but the court through the case out, finding his argument that the absence was protected because the actions that led to his arrest were related to his disability to be too much of a stretch. The case is Leary v. Dalton. Hope that helps. Sam Narisi John,

A similar issue came up in a court case several years ago. An employee missed 2 weeks of work while he was in jail for a DWI (it wasn’t his first) and couldn’t make bail. He sued, but the court through the case out, finding his argument that the absence was protected because the actions that led to his arrest were related to his disability to be too much of a stretch.

The case is Leary v. Dalton. Hope that helps.

Sam Narisi

]]> By: John Kazak http://www.hrlegalnews.com/are-problem-drinkers-protected-by-the-law/comment-page-1/#comment-255 John Kazak Thu, 05 Jun 2008 15:04:57 +0000 http://www.hrlegalnews.com/?p=108#comment-255 Is missing work for days, weeks or months due to incarceration for a drinking related offense reason for termination? Is missing work for days, weeks or months due to incarceration for a drinking related offense reason for termination?

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