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

I had to deal with a similar issue with one of my former employees. Here is the way that I understand this law.

You should not have been terminated for entering treatment rehab for alcoholism. You should have been offered your allotted ammount of time for FMLA (which is considered to be unpaid time off). While on FMLA, the employer cannot discriminate against you. Prior to entering rehab, your employer should have provided you with the necessary forms for FMLA. If he did not, your documentation from rehab, and the paystub you recieved on 3/14 should be sufficient in proving that your employer was aware that you were entering rehab, and that they were negligent in not offering FMLA.

Furthermore, my understanding is that alcoholism can be considered a mental disorder, which is protected under discrimination (I am not sure what part).

The employer was not required to pay you for any hours missed while on FMLA for entering alcohol rehab. Any payment that you recieved from your employer was a good faith gesture. However, your employer should have allowed you to use any unused vacation time (if any).