Full question:
I went to my company and told them I had a drug problem and wanted to get help. I was put on FMLA and went to rehabilitation. I was allowed to return to work after one month of rehab. I am in sales and commissions are paid to me based on sales in my territory. When I did return to work, the Sales Mgr. changed my territory and took me off of accounts that spent many dollars with us and put me in a developing territory cutting my income quite a bit. I also had to travel more and was away from home more than the territory that I was actually hired for. This took place in November and December of 2006. My question is two fold. Is it legal for the company to change my job and income after admitting my problem and if not, have I waited too long to do anything about this. I am asking now because the guy that was my sales mgr. has been fired by the company and I feel free to ask, he had told me before not to make waves about it or it could cost me my job.
- Category: Employment
- Subcategory: Discrimination
- Date:
- State: Indiana
Answer:
The law protects employees from discrimination in various employment practices, including job changes and compensation. If you disclosed your drug problem and sought help, this may qualify as a disability under discrimination laws. Employers can terminate employees for failing to meet performance standards, but they must treat all employees consistently.
Changing your territory and reducing your income after you disclosed your drug problem could be viewed as discriminatory if it was done because of your disclosure. However, proving discrimination can be difficult, especially if you need to show that your drug problem substantially limits a major life activity while still being qualified for your job.
Before taking any legal action, it’s wise to assess your situation and consider discussing it informally with your employer. Many employers may be willing to make reasonable accommodations to support employees. If legal action is pursued, having documentation of your disability and the need for accommodations will be crucial. For more information on your rights, users can search for state-specific legal templates at .
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.