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Brandenburger v. Hilti3/27/1989
& L Steel operation was a dangerous place where one had to "keep his wits." Plaintiff's duties necessitated he work with very heavy equipment including a full-size locomotive, twenty-six-ton molds and two-ton grinders. Plaintiff testified safety was always a concern at the J & L Steel plant.
Considering the hazardous and extremely dangerous work environment at Hilti's J & L Steel operation, it was unreasonable to expect defendant to continue plaintiff's employment if plaintiff's ongoing struggle to control his alcoholism and heroin use made his continued employment with defendant difficult. Plaintiff was not only a danger to himself, but also to others. Plaintiff's lack of self-control over alcohol and drugs rendered him unqualified to work at defendant's J & L Steel operation. The risk of retaining plaintiff was outweighed by the possible disastrous consequences of a "slip" by plaintiff into alcoholism. Plaintiff testified he would be an alcoholic for life and sobriety was a daily struggle. The alcoholic takes "one day at a time" and consciously counts each day from his last drink.
The risk of retaining plaintiff as an employee was also outweighed by Hilti's possible civil liability for plaintiff's conduct. Once Hilti knew of plaintiff's drug and alcoholic propensities, it would have been not only negligent and reckless but also sheer folly for Hilti to return plaintiff to the dangerous environment at J & L Steel's operation. Plaintiff worked not only with Hilti personnel and equipment, but also with the employees and equipment of J & L Steel. An incident involving personal injury or property damage due to plaintiff's conduct while intoxicated could open Hilti to massive liability. Hilti supplies labor for the steel industry and thus each of its customers' work environments would have some element of danger. The risk of incurring huge liability for plaintiff's conduct on the job was prohibitive for the defendant. Hilti had no other choice but to discharge plaintiff after extensive treatment and counseling.
In addition, there is no doubt plaintiff's excessive absences were a burden on Hilti. Plaintiff was a salaried employee whose absence caused the defendant to find other employees to fulfill plaintiff's duties. Given the length of time plaintiff was absent from work due to his continual bouts with alcoholism and drug use, it became a burden for defendant to retain plaintiff as an employee. Hilti could not reasonably be expected to accept plaintiff's absences indefinitely and had no other choice but to discharge plaintiff.
Plaintiff admits he missed a great deal of work at Hilti because of his addictions, but argues he was granted "excused absences." Plaintiff further admitted Hilti was forced to provide an employee to "cover" for plaintiff while he was absent. A review of the facts illustrates plaintiff's continual absences.
From 1982 until his termination from Hilti in 1984 plaintiff made three attempts at rehabilitation at three different treatment facilities. In 1983 plaintiff was a patient at the Alcoholic Clinic of Youngstown. Plaintiff failed to complete the clinic's twenty-eight day program and walked out after only sixteen days. In 1984 plaintiff enteresSerenity Hall at St. John Hospital but left after seven days.
After plaintiff left St. John, he went to Gateway Rehabilitation Center. Once again plaintiff's treatment at Gateway was an excused absence and plaintiff's medical insurance through Hilti covered plaintiff's treatment. On August 22, 1984 plaintiff was released from Gateway, having completed a twenty-eight-day program. In 1984 plaintiff missed forty-five days from his job.
Hilti provi
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