EMPLOYMENT LAW

A Sobering Reality When Terminating an Alcoholic Employee

Reasonableness is not the standard when there is direct evidence of discrimination

, New Jersey Law Journal

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While reasonableness is the guidepost for so many legal questions, the recent N.J. Appellate Division decision in A.D.P. v. ExxonMobil makes it crystal clear that, when evaluating the termination of employment of an alcoholic employee with no documented performance issues, based on a policy that expressly treats alcoholics differently than others, reasonableness is simply not the standard.

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