If this happens again he can voluntarily go to a clinic to be tested for alcohol. He can sue co-workers for defamation but he will need to prove that they are lying. As far as his employment, although alcoholism is considered a disability, showing up to work under the influence of alcohol is not protected. For unemployment purposes the Employer will need to prove misconduct, which is tough, but, absent additional proof that your husband was improperly labeled, and discriminated against, as an alcoholic, I'm afraid this would generally fall under the umbrella of "employment at will" where the employer can fire you for any reason (except specific statutory exceptions such as unlawful discrimination.) Best of luck.
Ryan Finn * 518.213.0115 * Rfinn@hackermurphy.com * Referrals are the highest form of compliment * Hacker Murphy serves clients throughout New York State and always pays referring attorneys a reasonable referral fee in contingency cases
Speak to an employment attorney. This is not a criminal question.
Joseph A. Lo Piccolo, Esq.
Immediate Past President, Criminal Courts Bar Association 11'-12'
Hession Bekoff & Lo Piccolo
1103 Stewart Ave, Suite 200
Garden City, NY 11530
516-408-3666 (o) / 516-408-3833 (f)
I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.
Retain an attorney experienced in employment law.
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