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#11
10-06-2006, 04:54 PM
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Re: G/F fired from bar....legality question
Drug or alcohol use is covered differently under the ADA.
If fact, you can be fired for smoking cigarettes at HOME, if your work has a no-nicotein use policy. As to Alcoholism, and the aforementioned case of Bailey: "While not specifically excluded from the ADA's protections, alcoholism is nevertheless treated differently than other impairments and disabilities. For example, the ADA specifically authorizes an employer to prohibit the consumption of alcohol at the workplace and require that employees not be under the influence of alcohol at work. 42 U.S.C. § 12114(c)(1)-(2). In addition, an employee suffering from alcoholism can be held to the "same qualification standards for employment or job performance and behavior" as other employees are held, "even if any unsatisfactory performance or behavior is related to the . . . alcoholism of such employee. Id. § 12114(c)(4)." It's useful to note that Georgia Pacific prevailed on that case!! AB 
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#12
10-06-2006, 04:55 PM
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Re: G/F fired from bar....legality question
[ QUOTE ]
Drug or alcohol use is covered differently under the ADA. If fact, you can be fired for smoking cigarettes at HOME, if your work has a no-nicotein use policy. [/ QUOTE ] Is this true? That's dicked up.
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#13
10-06-2006, 05:13 PM
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Re: G/F fired from bar....legality question
Maybe some places dont want smelly people that have to take breaks every 20 minutes to go smoke a cig.
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#14
10-06-2006, 05:21 PM
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Re: G/F fired from bar....legality question
just because every shot is approved doesn't mean she won't get fired if she can't handle her booze. Its not her boss' job to cut her off she should be able to stop drinking before it affects her performance. At our comany christmas party last year our boss said we could drink as much as we pleased. One of my coworkers got so drunk that he ended up puking on my boss... well... even though he was alloud to drink as much as he wanted he was fired the next day.
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#16
10-06-2006, 07:24 PM
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Re: G/F fired from bar....legality question
I'm taking this opportunity to repeat my opinion that OOT needs an "employment at will" sticky.
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