If you find out your employee is doing drugs, but their work is still good, do you fire them or keep them?

There are significant penalties for not engaging in the interactive process or for wrongful termination when dealing with an employee abusing legal substances. Provide the company’s EAP contact information, along with information on available leave under the Family and Medical Leave Act , state leave laws and employer leave policies. Your role as an HR professional starts when you first learn of an employee’s substance abuse concern, or of an employee’s impairment in the workplace. "Can I get a drug user at the gym fired?" The decision to hire, retain or discharge an employee is the company's, not the customers.

When they do, the employer will argue and usually with success that the employee is a current user despite his or her recent admission into a drug rehabilitation program. The definition of current is critical because the ADA only excludes someone from protection when that person is a current signs of drug use user of illegal drugs. If there’s one upside to discussing drug use in the office, it’s recognizing that aco-worker may be struggling. The signs of addiction may be difficult to spot at first, but if drugs are a common topic of discussion, there may be more going on than meets the eye.

Legal Rights Working With a Harassing Coworker

AtSerenity at Summit, we are committed to providing those suffering from substance abuse the help they need to overcome addiction for life. Through personalized treatment and intimate settings, we make sure a long-lasting recovery is possible. To learn more or talk with an intake specialist, visit usonlinetoday.

Request that your complaint remain anonymous, then let your manager deal with the situation from there. According to the Substance Abuse and Mental Health Services Administration, private employers typically don't need a drug-free workplace policy legally. However, many workplaces maintain one for the well-being of their staff and business. Along with physically seeing an employee selling drugs at work, using drugs or having drugs around the office, there are other signs of workplace drug use to know as an employee.

Rights Regarding Pre-Employment Drug Testing

If you’re unsure about how entering treatment will impact your employment, speak to the admissions specialists at the rehab facility. They can help guide you on the best approach for entering rehab while preserving https://ecosoberhouse.com/ your job. You can’t be fired for going to rehab under these circumstances, according to the ADA. If you enter a treatment facility first, then tell your employer afterward, you’re not protected under this law.

how to get someone fired for drug use

Companies can and will step in when workers cannot do their jobs or present risks to others. Determining whether an employee meets this condition can be tricky, and the guidelines focus on whether or not the employee can meet the same productivity and performance standards that apply to all of their company workers. Most workers are considered at-will employees, meaning that either party can end employment at any time. However, at-will employment does not give a company the right to fire an employee due to discrimination or retaliation. Many addicts experience the complete crumbling of their lives as they spiral farther down the addiction hole.

Mental health at work: The laws and best practices

The court held that even though the plaintiff had entered treatment, he still was not protected by the ADA because he had not been drug free for a considerable length of time. In this case, the plaintiff said that he had not used drugs for only a few weeks. Finally, an employer generally has no duty to provide an accommodation to an employee who has not asked for an accommodation and who denies having a disability. Rather, according to the court, someone is a current user if he or she illegally used drugs in a periodic fashion during the weeks and months prior to discharge.

  • An individual who is currently engaging in the illegal use of drugs is not an individual with a disability when the employer acts on the basis of such use.
  • Not sure about Irish law, but one of our companies employees has social media pictures of himself taking cocaine while at home last weekend.
  • It may be hard for them to follow simple instructions or are taking too long at accomplishing a task that was swift for them before.

These laws are designed explicitly to target workplace substance use. They legally compel certain types of employers to take action against drug use in the workplace, such as by developing a written policy. Some employers, however, opt for a zero-tolerance policy under these circumstances and immediately suspend and then terminate the employee.


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