Mississippi Termination Letter - Substance Abuse
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FAQ
Employers with 100 or more employees must give at least 60 days notice of a long layoff or plant closing. Failure to do so gives the displaced employees grounds for suit under the federal Worker Adjustment and Retraining Notification legislation.
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.
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.
The McArn exception allows an employee to sue for wrongful termination if the employer terminates the employee for reporting or refusing to participate in an employer's criminal acts. McArn created a seemingly endless number of scenarios from which such a claim could arise.
Mississippi is an "at will" state, which means an employer can fire an employee for any or no reason, as long as it is not discriminatory.
California is an at-will state, which implies that at any moment of jobs with or without reason an employer can terminate you for any reason. This means that if your employer doesn't like your personality if you run out of work, think you're lazy or just don't want staff anymore, they can fire you at any moment.
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
What Is Wrongful Termination in Mississippi? When an employer terminates an employee in violation of state or federal laws, it's known as wrongful termination, wrongful dismissal, or wrongful discharge.
