Legal Question in Employment Law in California

If I get fired for testing positive for methamphetamines which actually is a medication I take for ADD (which I have had my entire life) is that a violation of the ADA?

I provided the prescriptions and a letter from my DR. but they still let me go.

Thanks.


Asked on 10/19/09, 3:24 pm

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

Yes, it may technically be argued to be under ADA protection, but the rule provides only that IF it is a legitimately recognized and documented 'disability', it must be 'reasonably accommodated' as long as you can do all the essential functions of the job, and it doesn't pose a hardship on the employer. You've got a tough argument to make, that being under the influence of 'speed' is necessary, and that it wou't affect your work performance. However, if you think you can demonstrate that, then feel free to contact me to discuss your issues and remedies.

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Answered on 10/19/09, 6:30 pm


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