A.D.P. v. ExxonMobil Research and Engineering Company, A-4806-10T4; Appellate Division; opinion by Espinosa, J.A.D.; decided and approved for publication October 26, 2012. Before Judges Yannotti, Espinosa and Kennedy. On appeal from the Law Division, Essex County, L-2237-09. [Sat below: Judge Rothschild.] DDS No. 25-2-8087 [35 pp.]
Plaintiff A.D.P., a long-term employee of defendant ExxonMobil Research and Engineering Company (ExxonMobil), voluntarily disclosed to her employer that she was an alcoholic and was entering an inpatient rehabilitation program. At the time of her disclosure, plaintiff’s job performance was satisfactory and she was not the subject of any pending or threatened employment or disciplinary action. On her return, the employer required her to agree to conditions, including total abstinence and random alcohol testing for a minimum of two years, as a condition of employment. These conditions were not imposed pursuant to a “last chance agreement” but, rather, were required by ExxonMobil’s alcohol and drug use policy. Plaintiff’s employment was terminated nearly one year later when a Breathalyzer test revealed alcohol use.
