Tennessee Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
However, employers cannot discipline or fire you simply because you tell them you have a substance problem. In most cases, the employer is required to provide reasonable accommodations, including time off for treatment, if you seek help.
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.
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.
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.
By law, employers must maintain confidentiality regarding any information they receive regarding the addiction or substance abuse treatment of any of their employees.
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.
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.
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
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
