Indiana Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
Three Levels of SeverityTwo or three symptoms indicate a mild substance use disorder; four or five symptoms indicate a moderate substance use disorder, and six or more symptoms indicate a severe substance use disorder. A severe SUD is also known as having an addiction.
Addiction is generally considered a disability because it is an impairment that affects brain and neurological functions. The ADA applies to addiction to alcohol and to the illegal use of drugs differently.
It has long been clear that the Americans with Disabilities Act of 1990 (ADA) protects alcoholism if it qualifies as a disability.1 That said, courts have consistently held that employers can have legitimate work rules that prohibit alcohol use in the workforce.
What Are the Main Reasons For Getting Fired? Employers may fire their employees for misconduct, poor job performance, violating company policy(s), theft, damage to company property or the use of company materials for personal matters, insubordination, too many sick days without justification, or consistent lateness.
Always include the reason for the termination and be sure to also include any evidence that supports this reason, especially if you're terminating for cause. Either list and explain the remaining loose ends regarding payment and benefits, or clearly explain how the employee will receive this information.
In Indiana, employees generally serve at will. This means that you can be fired for almost any reason, or for no reason at all. You can also quit for any reason, or for no reason at all.
Acceptable Reasons for TerminationIncompetence, including lack of productivity or poor quality of work.Insubordination and related issues such as dishonesty or breaking company rules.Attendance issues, such as frequent absences or chronic tardiness.Theft or other criminal behavior including revealing trade secrets.More items...
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.
