Alabama Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
What is Wrongful Termination in Alabama? Also known as wrongful dismissal, wrongful termination refers to an employer firing someone when they don't have the legal right to do so. In Alabama, your job termination may not be lawful if you: Were terminated due to discrimination.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
You may need to enlist the guidance of a professional to help you with this. In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.
The State of Alabama does not have any termination laws. Federal law covers such things as discrimination based upon age, race, religion, sex, national origin, and disabilities and is handled by the Equal Employment Opportunity Commission whose office is in Birmingham (205) 731-0082.
Are Substance Use Disorders Considered Disabilities? In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.
Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol. In fact, employers are required to accommodate employees who suffer from addiction to the point of undue hardship.
Under Alabama law, an employee can be fired or terminated for any reason, whether it's a good reason, bad reason or for no reason. This is called the employee at will doctrine. Under this doctrine, an employer can terminate someone for virtually any reason, whether its legitimate or not.
Are termination letters required? Most companies are not required by law to give employees letters of termination. The exceptions are those located in Arizona, California, Illinois and New Jersey. Most employers, however, do provide termination letters as a professional courtesy and a legal record.
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.
