Rodney Smith was told he was being fired from his probation officer's job because he violated the employer's drug and alcohol policy. In court, the county claimed Smith was fired for, and you don't have to accommodate absenteeism caused by alcoholism. Smith sued, claiming he was fired because of his race and disability, and got his case to trial. Reason: Because the county had no other record that absenteeism was the true reason, it couldn't convince an appeals court to throw out the case. (Smith v. Davis, No. 00-3268, 3rd Cir., 2001)
- Workers can't claim self-defense as reason to ignore anti-violence rule
- Don't pull punches; fire when necessary
- How much advance notice can we demand when an employee wants to take FMLA leave?
- Firing OK for breaking no-dating policy?
- Your attorney's expertise is key to crafting severance agreements that stick