Labor/Employment » Con-Way Within Rights To Fire Alcoholic Driver, Appeals Court Rules

Con-Way Within Rights To Fire Alcoholic Driver, Appeals Court Rules

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November 22, 2013

Con-Way Freight was within its rights to fire an alcoholic driver who relapsed in violation of his return-to-work agreement, an appeals court ruled. After the employee took a leave of absence to receive treatment under the Family and Medical Leave Act, the employee signed a return-to-work agreement requiring him to abstain from drugs or alcohol for the duration of his employment.  Within a month, the employee suffered a relapse and sought additional treatment. Con-Way Freight fired him, and the employee sued, alleging that terminating him on the basis of his alcoholism was in violation of the Americans with Disabilities Act. The Third Circuit Court of Appeals ruled in favor of the company, saying the right-to-work agreement did not keep disabled people from holding jobs with Con-way, it merely regulated their behavior within federal guidelines.

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