Find management, clinical, and paraprofessional positions in healthcare, nursing,
financial, construction, architecture, manufacturing and legal fields.

Employment Today™


"LUNCH BINGE BLOWS EMPLOYEE'S CREDIBILITY!"

Dear Kathryn: Here I am a professional in my late fifties earning over six figures, with thirty years of experience, and I'm feeling like a nervous twit writing to you. To think I'm wound up about a supervisor that's a tattling wussy angers me, but here goes.

I manage a large construction site in New England and have been successfully employed, consistently getting promotions and increases since I started ten years ago.

Last week after a particular grueling week, a friend and I traded our normal lunch fare for something a little more potent, but by no means was I drunk. I returned to the job site and had the bad luck of running into my boss. He started conversing with me and then snidely remarked that I obviously had drunk my lunch. I stupidly said, no, it was just the garlic I had for lunch to which he chuckled and walked away. I was ticked at myself for reacting like a guilty schoolboy and almost forgot about the incident until today.

I received a memo from human resources indicating that my boss had recommended that I receive both alcohol counseling and therapy for my "alcohol problem." First, I don't have an "alcohol problem"; second, my boss has now leaked to others that I have a problem. Now the big bosses and the human resource people know about this incident.

Second, this has now become a permanent part of my personnel file. Isn't it illegal for an employer to brand you as an "alcoholic"? I feel that I'm being emotionally and psychically harassed in addition to being publicly embarrassed.

I figured you'd direct me as to the correct next step. Can they insist I go for alcohol counseling given this one instance? I need this job and won't find another six figure job in a minute, however I feel that I'm being rolled over here.

GEORGE T., Groton, CT

Dear George:

My news isn't that good but given what could have resulted, you could be in much worse shape. Drinking on your lunch hour, no matter how good an employee you are, does not classify you in a "protected class" so give up your whining on that point.

I checked with Attorney George O'Brien Jr. of Tyler, Cooper as to your options and George agreed that they are limited.

First, feel fortunate that you weren't fired. Legally, your employer can request that you participate in their employee assistance program in which alcohol abuse counseling is a part. While that might seem harsh to you given the fact this was your first and only alcohol imbibing experience while at work, understand that there is no "legal" protection for the employee who enjoys liquids stronger than iced tea during work hours.

As to your boss making upper management and human resources aware of the condition he found you in, understand that it's viewed as normal protocol that human resources be the department to issue this kind of memo. In addition, your boss was protecting himself by reporting it to his boss.

Because you're obviously on a construction site, littered with heavy equipment and potentially dangerous walking grounds, your boss would have been remiss if he hadn't done something.

You have two choices-accept the terms of participating in the employee assistance program or quit. I say swallow your pride and get active in the program. Many would think you escaped unscathed rather than severly injured, given the circumstances. Good luck.

Dear Kathryn:

I'm being scammed by my former employer and the labor department.

I was laid off from a small public relations firm, where I was making $48k for the last two years. Lack of work and the company's financial instability prompted my layoff. I immediately applied for unemployment but was told I had to wait for the benefits to kick in as I had vacation and severance pay coming.

A few days before I would visit the unemployment offices again to reapply, I received a call from my former employer. He told me that they won some new accounts and wanted me back but could only afford to pay me $32k. I told him that I could not accept, as I couldn't live on that salary.

When my unemployment hearing date arrived (my ex-employer was now disputing my unemployment comp claim as I had turned down his $32k offer), I called to postpone due to an interview I had scheduled. The unemployment office said they'd let me know about a reschedule. Instead, they let me know that due to my "no-show", my claim for benefits was denied. The unemployment board agreed with the local office and ruled that I wasn't eligible for unemployment comp!

How could I have been expected to go from $48k to $32k? I want to appeal the unemployment boards decision. What are my chances of winning?

RANDI T., Stonington, CT

Dear Randi:

If I were a betting person, I'd say you'd win. Given I don't visit the casino's or play the ponies, (my luck is lousy), I checked with Atty. O'Brien as to his best guess on your chances for a winning appeal to the unemployment board.

He agrees that given the tremendous difference in your ex-employer's offer of rehire (a $16k cut in pay!), and your obvious efforts at landing a new job, it looks good for your appeal.

Plan on bringing detailed notes as to your jobhunting efforts to buttress your case. Good luck.