Colorado Termination Letter (Substance Abuse)
Description
How to fill out Termination Letter (Substance Abuse)?
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FAQ
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
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.
In Colorado, employers have the right to conduct random and scheduled drug tests. If an employee fails the test, the employer has the right to fire them for that reason. However, fired employees may be able to sue depending on the circumstances of the drug screening.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.
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.
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.
Colorado follows the legal doctrine of "employment-at-will" which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation.
In Colorado, as in most states, the employer-employee relationship is generally considered at will. This means the employer can fire or demote the employee for any reason.
Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.
