Virginia Termination Letter (Substance Abuse)
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FAQ
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.
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.
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.
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.
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.
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.
For most privately-owned companies, previous employers may not disclose the results of a drug test on a background check. For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it.
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.
