Texas Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
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 could be judged (by an industrial tribunal) to have unfairly dismissed employees whose work problems are related to drug misuse if you have made no attempt to help them. The law also advises you may need to temporarily move them to another job if their normal work is safety-critical, do not dismiss them.
Your employer can terminate your employment at any time and without warning. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. If your termination is not tied to severe workplace misconduct, you dismissal is considered one without cause.
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.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
Dear Employee Name, I regret to inform you that your employment with Company Name is terminated effective date. Four weeks of severance pay is being offered in exchange for signing the attached release of claims and returning the signed release to human resources no later than date.
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.
Should a company provide a terminated employee with a reason for the termination? Yes. Advising an employee of the reason for the termination is considered a best practice and is required in some states.
Items To Include In A Termination Letter1) Names And All Employee Information.2) Dates.3) Reason For Termination.4) Receipt Of Company Property.5) Severance, Benefits, And Other Compensation Information.6) Legal Agreements.7) Details About Their Final Paycheck.1) Severance To Waive Legal Claims.More items...?24-Aug-2017
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.
