
05-22-2008, 01:28 PM
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Junior Member
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Join Date: May 2008
Location: currently Punta Gorda fl, as I lost my home in Orange City due to employer's termination of my emplo
Posts: 1
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fired while in treatment for alcoholism
I requested permission from my employer, (homebuilding company) to enter myself into an alcohol rehab. The owner agreed, encouraged it, stated that he and his investor partners were "fully behind me doing it" and that I’d be compensated with my regular salary during the time I was there.
I entered Recovery Center on 2/29/08 at my own cost of $8000.
I received a paycheck issued on schedule 3/14/08. I did not receive checks that should have been issued on 3/28 & 4/11 – to cover the dates I had been in rehab.
I spoke with owner on 3/29 re the missing 3/28 check – he stated that because production had been poor in the company he was holding checks (not just mine, several). This was salary, not bonus – there is no provision that allows for salary to be withheld.
I received a letter from owner dated 4/9/08 stating that I was terminated effective 2/29/08.
Do I have grounds for a lawsuit pertaining to either unfair labor practice (non-payment of salary due) and/or discrimination due to alcoholism – withholding of checks I was due and termination while in rehab? There are witnesses to the owner's statement that I would be away re a health issue and would return thereafter and that I would remain in company's employ during my absence. Further, I had work related communication with the owner and my subordinates during my time in treatment.
I will appreciate your response/advice. This is a very well capitalized company and this was a blatant reneging on commitments made to me in order for me to address my alcoholism. I have a successful track record of employment and income within the new home sales/marketing management career field dating back to 1981.
Mark Hyre
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