Is it against the law to fire a drug addict?

While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws …

Can an employer ask about alcoholism?

For job seekers, the ADA specifies that a prospective employer may inquire about your current use of alcohol or illegal drugs, but they cannot ask you directly whether you are a drug abuser or alcoholic, nor can they ask whether you’ve ever gone to drug or alcohol rehab.

Can you get fired for needing to go to rehab?

The Americans with Disabilities Act (ADA) protects individuals in addiction recovery from being discriminated against in the workplace. This means that your employer can’t fire you based on your decision to attend rehab.

Is alcoholism a protected disability?

Even though courts may determine that alcoholism is a covered disability, the law makes it clear that employers can enforce rules concerning alcohol in the workplace. The ADA provides that employers may: prohibit the use of alcohol in the workplace;[49]

Is it legal to ask an employee if they are on drugs?

Under the ADA, an employer may ask a current employee about prescription medicine only when it’s job-related and consistent with business necessity. That means you may not ask all employees to disclose any medications they take. Remember that the ADA doesn’t permit employers to ask medical questions of job applicants.

What do you do if your employee is on drugs?

If you have a reasonable suspicion of an employee’s drug use, so long as you follow your state’s laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.

Can my employer fire me for being an alcoholic?

While it is unlawful for an employer to fire an employee solely because he is an alcoholic, a company may fire a person for unacceptable behavior, such as a safety lapse, violation of company rules or repeated absence, even if the behavior is caused by alcoholism.

Is it illegal to fire an alcoholic?

Technically, alcoholism or an alcohol use disorder can be classified as such. So as an employer that means you can’t fire someone just because they have a drinking problem. However, you can fire an employee who is unable to do his or her job properly because of extreme and/or chronic drinking.

What is a last chance agreement?

Last Chance Agreements (LCA) are agree- ments between an employer and an employee and/or a union that gives the employee who has committed serious mis- conduct one last chance to keep the employee’s job.

Can you be fired for alcoholism?

What to do if an employee shows up drunk?

If an employee comes to work intoxicated but is not exhibiting violence, have security usher him to a safe place at your business. Contact the human resources department and report the intoxication. Call someone in the employee’s family or local law enforcement to have the employee taken home.

What happens if you accidentally fire an employee?

“Accidentally” firing an employee can be quite costly for the employer. The above example is not the only time an employer has mistakenly let an employee go. There have been a number of similar cases in which an employee is awarded a settlement from their employer on account of termination notice because of a “resignation” gone wrong.

Can an employer fire you immediately after you give notice?

Knowing what an employer has the legal right to do will help you make an informed decision about whether or not to give notice, and what to do before you resign. In most cases, an employer can fire you and stop paying you immediately after you give notice.

What happens if an employee thinks you fired him or quit?

You thought the employee quit, but the employee thinks you fired him. Now, you’re in a frustrating legal debacle over whether you fired him or he quit. As an employer, this will likely involve a significant amount of your time, your money, and may impact the Company’s reputation as well.

Can you change a company’s decision to fire an employee?

In many cases, there is absolutely nothing you could have done to change the situation. Employees are forced to resign or get fired every day, and once the company has made the decision that you need to go, there is little you can do to change their mind.