Possible ADA Problem?

We had an employee who was terminated for attendance. Much of his attendance problem had to do with his excessive drinking. He went through our EAP program but it didn't do any good. I received reports, although days later, of this person coming to work appearing to be "under the influence".

This was 6 months ago and he has contacted us several times about getting his job back. We have refused to rehire him until he completes some type of treatment for his alcohol abuse.

I was just reading the case in the 9th circuit regarding a company's refusal to rehire an employee based on his termination due to a drug problem and it got me wondering if we may be looking at the same type of problem. I don't think so since we are not saying we will NEVER rehire him but want him to address his problem first but wanted some outside opinions.

Thanks.
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