Ohio Termination Letter (Substance Abuse)
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FAQ
Substance abuse in the workplace can lead to decreased productivity and increased physical injuries and fatalities. Approximately 16% of emergency room patients injured at work have alcohol in their system. The likelihood for workplace accidents skyrockets when employees are under the influence.
' " 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.
COMPANY POLICY ON DRUG-FREE WORKPLACE explicitly prohibits: 2022 The use, possession, solicitation for, or sale of dangerous drugs on company premises or while performing an assignment.
If you fail your drug test for the first time, the probation officer would warn you and recommend a rehabilitation program. In the second case, the probation officer may report to the court, and you are likely to be detained.
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.
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.
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.
The Drug-Free Workplace Act of 1988 (41 U.S.C. 81) is an act of the United States which requires some federal contractors and all federal grantees to agree that they will provide drug-free workplaces as a precondition of receiving a contract or grant from a Federal agency.
At a minimum, this should include a statement such as, "The use, possession, transfer or sale of illegal drugs by employees in the workplace is prohibited." Explain the consequences for violating the policy. These may include discipline up to and including termination and/or referral for assistance.
