Ohio Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
While it is true that employees guilty of drug use, even outside work, leave themselves exposed to dismissal on grounds of either capability, conduct or some other substantial reason (especially if use of the drugs in question is itself illegal) that decision cannot be automatic.
According to the National Institute on Drug Abuse (NIDA) drug addiction is classified as a mental illness because addiction changes the brain in fundamental ways, disturbing a person's normal hierarchy of needs and desires, and substituting new priorities connected with procuring and using drugs.
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.
Even with the recent legalization of marijuana in some states, employees in those states can still be punished for testing positive. The punishments for a failed drug test can include rehabilitation, termination, and losing unemployment benefits.
In almost all cases, an employer can legally end someone's employment for inappropriate behavior during personal time. Generally speaking, you can't be arrested for saying abhorrent things, but you can be fired.
If you fail your pre-employment drug test, there are chances that the employer may not hire you. If you fail your random drug test, you may or may not lose your job based on the situation and the employer's drug testing policies.
While substance abuse disorders are covered by the VA, they're not considered to be directly service-connected. However, they can be considered secondarily service-connected if the substance abuse disorder arose because of the service-connected condition.
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws
2) Does an individual in treatment or recovery from opioid use disorder have a disability under the ADA? Typically, yes, unless the individual is currently engaged in illegal drug use.
