Q: I was let go from a job due to disclosing personal information regarding a DUI, I believe I was discriminated against
I worked for a group home for foster children. My role in the agency had nothing to do with driving (especially since it was during the shutdown and pandemic of 2020) I handled all meetings and company purchases online. In fact, all children at the agency which they claimed I would have to drive (in case of emergencies) were in quarantine and were not allowed off premises unless they went on visits which I couldn't drive them to. I was told I could work overnight shifts as others in the agency with DUIs had done so but I couldn't stay more than two days because at the time I was on strong prescription sleep medication. I abruptly stopped those meds which triggered many other mental health issues. I ended up resigning because I didn't feel the agency handled my situation properly or fairly. Any info helps.
A:
more info needed.......
however, you need to talk to a labor lawyer to see if you have a case.
every employment has rules......Nurses get fired over a DUI.......for instance.
A:
Your headline question says you were let go but your post says you quit. Big difference.
There would have been nothing unlawful about your employer terminating you because of your DUI even if your job did not involved driving. Furthermore, your employer would have had the right to terminate you if you were coming to work on heavy sleep drugs.
An employer has a duty to reasonably accommodate known restrictions of an employee who has a disabling condition if those accommodations would allow the employee to carry out the essential functions of the job. The mental health issues you raised may have been a disability but if you did not inform your employer of any restrictions or reasonable accommodations, there can be no claim of failure to reasonably accommodate.
Good luck to you.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
