Virginia Termination Letter - Substance Abuse
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How to fill out Termination Letter - Substance Abuse?
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FAQ
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.
' " 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.
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.
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.
Prior to making an offer, an employer may ask an applicant whether he or she is currently using, or has in the past used, illegal drugs or alcohol as long as the questions are not likely to elicit information about past drug addiction, which is a disability under the Americans with Disabilities Act (ADA).
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.
You're allowed to ask about current illegal drug use. But asking might not be useful: few, if any, people would say yes. You'll get a clearer answer from a legal drug test.
The Americans with Disabilities Act (ADA) restricts what employers can ask about use of drugs prescribed for you. The ADA applies to all employees. use, before they offer a job to the applicant.
If you suspect that a co-worker has a substance abuse problem, do not try to diagnose the problem....Advice for ColleaguesDocument incidents and record time and dates.Go to your supervisor.Consult your human resources department for guidance.
