Nov 1, 2002 By Jennifer Harr 2 min read

A Uniontown man allegedly fired from his job for seeking substance abuse treatment is suing his employer and its parent companies, claiming they violated the Americans with Disabilities Act and the Family Medical Leave Act. Craig A. Wilczynski of 216 Village of Searights filed suit in federal court against Brownsville-based HBC Barge, LLC; and Hiller Barge Co., LLC; Three Rivers Marine, LLC; Metal Processing of America, LLC, all based in Allegheny County.

Wilczynski claimed his employer had authorized him to seek treatment for addiction to marijuana and cocaine, but when he took time to do so under the Family Medical Leave Act, he was fired.

According to the suit, Wilczynski told his supervisor, Scott Eicher, on Jan. 28 that he had a substance abuse problem. At that time, the suit said that Wilczynski asked to be admitted to the company’s employee assistance program for treatment.

Human resources manager Michelle Eitner reportedly authorized Wilczynski to seek treatment and he was admitted to the Mon Valley Drug and Alcohol Program. There, the suit claims, Wilczynski was told he did not need in-patient treatment and scheduled him for outpatient counseling sessions on Mondays, Wednesdays and Fridays for a month.

When Wilczynski asked to be moved to midnight shift so he could attend the sessions, the suit claims Eicher and plant manager Walter Kuhns refused to do so, forcing him to take off work to get substance abuse treatment.

Wilczynski sought unemployment benefits and took off time under the Family Medical Leave Act so that he could attend treatment, although he did not quit his job. When the unemployment office questioned his employer, Wilczynski claims the company fired him even though he told them he was going to return to work after completing treatment.

The suit claims that firing Wilczynski interfered with his right to take off time under the Family Medical Leave Act and discriminated against him as someone with a disability. The suit claims his bosses retaliated against him for taking time off.

The suit is asking that the company give him back his job or award him “appropriate front pay,” back salary and reimburse his attorney fees.