New Jersey Termination Letter - Substance Abuse
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FAQ
New Jersey law does not require a notice of separation from either the employee or employer. However, if an employer has a policy on notices of separation and that policy is recognized as an enforceable contract, a notice of separation may be required from the employer and/or employee in accordance with the policy.
All employers must give their employees written Notice to Employee as to Change in Relationship form upon termination. If it is a promotion or demotion, change in location, change in work assignment, voluntary quit, or work stopped due to a trade dispute, the form is not required.
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.
Under the new law, employers can still conduct random and pre-employment drug tests for weed use, but cannot fire, discipline or refuse to hire someone if the result is positive.
Put Documentation in Employee File: All documentation, including receipts for returned items and termination letters, need to go into that employee's file. You can include documentation for discipline, warnings, and performance reviews that help show why you're firing that employee.
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
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 New Jersey law, absent an employment contract, all employment is at-will. In other words, an employer generally can terminate an employee at any time for any reason.
