Florida Termination Letter (Substance Abuse)
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How to fill out Termination Letter (Substance Abuse)?
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FAQ
The federal government requires any company regulated by the Department of Transportation to not hire anyone who fails a drug test for jobs considered safety-sensitive positions. When you take a drug test, the employer is the only party authorized to see the results.
6 vital steps before terminating an employee for poor performanceWrite down everything. Documentation is key.Clearly communicate expectations. For every job, you should have a job description.Be a good coach.Initiate a performance improvement plan (PIP)Conduct a verbal counseling.Conduct a written counseling.
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
If you are tested positive in a drug screening test, you may have to attend a drug abuse treatment program. Random drug tests may be conducted on probation. If you fail a drug test on probation, the probation officer must take you to the judge overseeing your case.
Possible outcomes after failing drug test Consequences may include: Firing- in most cases, your employer will not fire you on the spot unless it is a recurrent habit. If this is your first time, your boss may give you another chance to prove yourself.
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.
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.
So, what happens if you fail a drug test? Well, you may get suspended, demoted, or even terminated from employment. It is entirely at your employer's discretion to decide what disciplinary action to take. Some state laws prohibit employers from firing an employee for a first-time positive drug test.
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.
