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False imprisonment, age & disability discrimination

Massachusetts
I have over 30 years at a manufacturing company. I am over 55, with a history of labor activism, have a disability, have intermittent FMLA status and have had one workers' comp. injury in my career. As the older members of my workforce retire, we are being replaced by entry-level workers at about one-third the cost, with no pension and little paid time off. Since a job reassignment 6 months ago, I have been relentlessly harassed, even told personally, "We're trying to get you on any violation we can find." I have had my belongings and protective gear disappear repeatedly in the workplace. Recently, twice in 2 months I was falsely accused of alcohol intoxication on the job. The first time, no action was taken. Both times, as I work afternoons, I had been working with industrial grade mineral spirits-based varnish extensively before work in a now-complete home improvement task. The day I completed this home improvement, I ate half a leftover pizza and washed it down with one beer. The varnish DOES smell. I have never worked impaired ever under any condition. On the aforementioned day, I was peacefully doing my job when a supervisor told me I had alcohol on my breath. I was speaking, moving and working at 100% normal function and replied "you're smelling varnish; you're blaming that." I was ordered to report under escort to the company nurse; she was asked to find me impaired and agreed to do so without honest cause. Ultimately, my accusers were so certain of themselves they provided a taxi to the nearest hospital for a blood test, where I received a lab result of .03 BAC, consistent with my lunch with a large amount of food, earlier. When brought to the company nurse under employer's orders, once there, I asked to go down the hall to the washroom, and to go get my belongings in the work area. I was told I may not leave the room and was not free to go. I directly asked, "Am I in custody?" Both the supervisor and nurse said yes. A private security guard had previously been summoned and at this point, the nurse threatened, "don't make me have to use him" - (pointing to the guard). A week later I was able to get the nurse's report which was maliciously and heavily falsified ("foaming at the mouth, can't talk or move normally, can't open eyes") I have witnesses who can easily refute these claims, too. Was it legal to physically restrain the employee or interfere with the employee's free movement in any way? Is this false imprisonment? The employer already stated an agenda, an objective of harm to my career. And how do I correct slanderous, false, demeaning reports filed as "medical records"?

Editor's Response

Based on your version of the events, it certainly sounds like you have some legitimate complaints about how you were treated.  Unfortunately, when I get a fact specific question, like this, about an area of the law that I have no experience with, all I can do is encourage the writer to contact an attorney who does have that relevant experience, employment law in this case.  If your employer is harassing you because of your involvement with a labor union, that is certainly a violation of the law (including federal law).  Similarly, I cannot imagine the circumstances under which an employer would be entitled to hold an employee against his will.  On the other hand, depending on the type of work you do, employers may be entitled to enforce a zero tolerance policy for alcohol use during work hours.  But, again, this is an issue best discussed with an experience attorney.  Good luck.

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