Oklahoma Termination Letter (Substance Abuse)
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How to fill out Termination Letter (Substance Abuse)?
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FAQ
If you suspect an employee of being impaired on the job:Take immediate action to remove the employee from any safety-sensitive work and begin gathering evidence of the incident.If applicable state laws and your employer policy allows, send the employee for a drug or alcohol test.
If you have a reasonable suspicion of an employee's drug use, so long as you follow your state's laws for performing an employee drug test, there is generally no legal concern. If the test comes back positive, you will usually be clear to terminate, or discipline the employee, for cause.
Asking About Legal Drug Use The EEOC memo says that you can't ask employees about prior or present legal drug use, unless the question is innocuous and won't bring out information about a disability.
If you have facts to support a reasonable suspicion of alcohol or controlled substance use, inform the employee of the suspicion, ask the employee whether they are under the influence and ask the employee to consent to alcohol or drug testing.
If you suspect an employee is under the influence at work, here are a few steps you can take:Know the Laws.Avoid Making Accusations.Refer to Your Company Policy.Be Prepared to Make Accommodations if Necessary.Common Signs of Employee Alcohol or Drug Use.Employee Drug and Alcohol Testing in Renton, WA.
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
Employers can accuse you of serious offenses, such as theft, drug use or assaulting another employee. However, your employer is not a legal authority, and workplace allegations are not the same as criminal charges.
You suspect an employee is using drugs: What now?Look for the signs. Neither you nor your managers are likely experts at determining when an employee is using drugs.Document, document, document.Get professional advice.Approach the person, but not as an enforcer.Present the plan and do what you can to implement it.
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.
