Asked in Employment Law for Indiana

Q: I was employed for the company I work for now for 8 years I had fmla for some health issue one main being conversion

Disorder I came back about year ago same manager who knows about my health sent me home claiming I was intoxicated didn’t subject me to drug screening which they do random they just did one about two weeks ago and fired someone told me to leave even in their policy says u shouldn’t let them if u believe they are under influence of anything or call law informent I left like asked went to doc came back at end of day told her what my doc said she asked if I was on drug and what it was I told her nothing didn’t offer me drug test I had to go to another doc and ask him to order it which the lab had to send off and it takes at least two days for results that came out of my pocket but they have also done their own randoms or transported them to place for the building to pay for it this isn’t the only issue I’ve been having with her I have been seen by a MD A psychiatrist a neurologist not once have they asked for a release to work she just wants a clean drug screen what should I do

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1 Lawyer Answer
Maurice Mandel II
Maurice Mandel II
  • Newport Beach, CA

A: It sounds like you are being harassed for taking FMLA leave and for having a condition that MAY qualify you under the ADA for protections. I say MAY, because certain drug addictions are not covered under the ADA. You need to contact a local attorney that deals with Employment Discrimination and the Physically Disabled.

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