You are here:

Employment Law/wrongful termination

Advertisement


Question
Hi I am susan and you have answered previous questions for me.  It is complicated so I am presenting my question in this format.

Cast of Characters are in the state of Arizona.

A.  Employer - Privately Owned - 100% Self Funded - 6000+ employees

B.  EAP Professional - Independent Contractor - Healthcare Provider/Covered Entity

C.  UHC - Third Party Administrator effective  1/1/11 - updated SPD not issued until 8/11.

D.  Employee - 5 years  Exempt - over 40 - series health condition -


Tues 2/1/11

1.   Based on "reasonable suspicion", D is escorted to B for a drug test and consultation.


2.   B advises D that she will be terminated if she "refuses to sign a "Authorization to    Release    Medical Information" which authorizes him to release information to employer or  whomever.

3.   B then recommends that D get "Mental health Counciling"  and D drives herself home which is against company policy when "reasonable suspicion" is involved.

Weds 2/2/11

4.   Drug test comes back negative and B notifies A that D is released to return to work    effective immediately.

Thurs 2/3/11

5.   Supervisor calls D and leaves message "ok to return to work Fri"

Fri 2/4/11

6.   D call in and takes PTO day.

Mon 2/7/11

7.   B calls D at home and leaves message to call him regarding "progress made on his        recommendation to get "mental health counceling."


8.   D returns call of B and advises that she is "waiting for call back" from a facility.   B wants to meet with D again the following morning and B agrees.

Tues 2/8/11

9.   A calls D early in the am to cancel appointment with B due to illness.

Wed 2/9/11

10.   B Notifies A in a typed statement that D is "currently useing illegal drugs in violation of her work agreement".  This statement in on blank paper with no letterhead and is not signed by anyone.

Mon 2/14/11


11.   Because of this statement, A terminates D for "violation of work agreement" but will not tell D when or how the violation occurred and will not provide a termination letter.   Termination was done over the phone.

Oct/2013


12.   B's EAP Certification is suspended by the Certification Board of the EAPA due to Code of Ethics violations and Privacy violations as a direct result of a Complaint filed by D.


Jan 2014

13.   B employment suddenly ends effective 1/1/2014 and his boss retires early at age 53.


My question.  In light of item 12, do I have any legal recourse against either A, B or C and for what?

I lost my job because of what the EAP told my company.

I believe that the EAP Professional lost his job because his certification was suspended due to my complaint.  

As of Feb 14, 2011 was three years.  I have tolling time of approx 235 days.

I want to sue the EAP.  for tort????     

I have suffered significant financial losses due to this and still unemployed today.  When all this came down, I had just been treated for DCIS Breast Cancer and was on cobra for 6 months. Foreclosure is eminent as well as BK.  I have talked to at least 10+ lawyers - non will take it contingent for which I dont blame them.  Big corporation can drag this out a long time. Therefore, brings me to going after the EAP.

Answer
Susan - The statute of limitations in tort in Arizona is two years, which passed in 2013, not in 235 days.  You time the statute from the date of the harm, which in your case was February 14, 2011.  I'm not sure why you think it runs from the date of an administrative decision regarding one of the parties in you employment situation, but that does not change the date by which you had to act.  You have no recourse in this case because the statute has passed.

Employment Law

All Answers


Answers by Expert:


Ask Experts

Volunteer


Margaret M. deMarteleire

Expertise

I can answer most questions about employment law, federal or state. I am an attorney, not an HR professional, so questions about HR careers, coursework, prospects, etc. are not within my scope.

Experience

Attorney for 20 years, currently working exclusively with employment law - FLSA, FMLA, federal contracts, pay, etc.

Education/Credentials
Temple University School of Liberal Arts, BA, Rhetoric & Communication, 1982 Temple University School of Law, JD, 1990 Certificate in HR, Cornell University ILR School, 2006

©2016 About.com. All rights reserved.