Workers Rights & Whether You Can Be Fired for Drug Use
Additionally, ongoing illegal drug use isn’t protected under the ADA or the FMLA. Drugs and alcohol affect the brain in a variety of ways, which can impede your job performance, judgement and concentration. The fact you have an addiction is not a reason to lose your job, but if you turn up to work drunk or your performance is suffering because of an addiction, you could lose your job. If you’re unsure about how entering treatment will impact your employment, speak to the admissions specialists at the rehab facility.
Legal Grounds for Employee Termination in 2025
Signs such as impaired motor functions, erratic behavior, or the smell of alcohol or drugs may prompt testing. Employers must apply these observations judiciously to avoid wrongful accusations and potential legal issues. However, it’s important to note the protections of the ADA don’t apply to everyone. In that case, the ADA doesn’t shield you from disciplinary action or termination. Still, if you’re in rehab or have stopped using drugs and are working toward recovery, you may be protected under this law.
Performance records must show clear examples where work falls below standards and what needs to improve. This helps employees understand the problems and gives them a chance to fix issues before termination. A strong termination case needs careful attention to detail and complete documentation. Companies must gather solid evidence that supports their decision and protects them from legal challenges.
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California law provides stronger protections to employees who suffer from alcoholism and drug addiction than the federal law does. California employers who employ more than 25 people are required to provide reasonable accommodations to employees who wish to participate in an alcohol or drug rehabilitation program. Typically, this means that the employer must allow the employee to take leave or time off to participate in the program.
If you suspect a coworker is abusing drugs or alcohol on company time, document any evidence, such as slurred speech, erratic behavior, how to get someone fired for drug use or coming to work drunk. Report your concerns to your manager or HR representative and let them deal with the situation appropriately. They should also look carefully at the employees who are suffering from addictions as if there is a culture of serious drug and substance abuse or alcohol misuse within the workplace.
Human rights laws prohibit an employer from terminating employees with addictions to drugs or alcohol solely on the basis of their addiction. This is because the law prohibits discrimination on the grounds of disability, and addiction is considered to be a disability. In most workplaces, policies establish rules of conduct for the safety and well-being of all workers.
Management chain of command
As mentioned before, any good employer will have a system in place to help employees with addictions as they would deal with any illness. However, there is a specific employment law regarding drug and alcohol use at work, which employers also have to be mindful of. An employer may act illegally if they are aware of drug-related workplace activities and don’t do anything about it. So, if someone is in recovery and not currently using drugs or alcohol, they are generally protected under this act. Therefore, firing someone solely because they are recovering from addiction would likely be considered discriminatory and unlawful.
For instance, if someone is consistently late to group meetings, explain how it affects productivity and collaborate on finding a solution. If you believe someone should be fired, reporting them to the Human Resources (HR) department is a powerful option. Be prepared for the possibility that your manager may be unaware of the situation or may not view it as big a deal as you do. In these cases, provide concrete examples of how the coworker’s behavior negatively impacts the workplace. Once you have enough evidence, schedule a meeting with your manager to discuss your concerns.
For those fighting with addiction or mental health issues, the fear of losing their job can be a barrier to seeking needed help. With that being said, understanding your rights as an employee can ease some of that stress. Anti-discrimination laws protect employees from unjust termination based on suspected drug use. The ADA shields employees with disabilities, including those recovering from substance abuse, as long as they are not currently engaging in illegal drug use.
Workers’ Rights & Whether You Can Be Fired for Drug Use
During detoxification, the body works to metabolize and eliminate the toxins accumulated from prolonged substance abuse. Flexible working can also be hugely beneficial if you’re dealing with addiction recovery. Whether you need to attend therapy sessions during the day or require a reduced schedule temporarily, it’s worthwhile discussing your circumstances with your employer to see if adjustments can be made. The crucial question in many tribunal cases is whether the individual’s addiction is a symptom or consequence of an underlying mental health condition. Employers (and employees) should remain alert to the possibility that substance misuse might be linked to an underlying health condition and, therefore, a disability, which does have legal protection.
Can I Get Fired For Being an Alcoholic or Drug Addict?
When seeking a new job after being fired for harassment, focus on personal growth and addressing the issues that led to the termination. Be honest in interviews about what you’ve learned and the steps you’ve taken to improve. Of course, claimants in tribunal cases will need to provide evidence that their addiction or self-medication is a result of a mental health condition, which will need to be supported by professional documentation. Mr. Stewart signed the policy after attending a training session where the policy was explained to all employees. He used cocaine on his days off, but he failed to disclose this to the employer. He tested positive for the drug after he was involved in a workplace accident.
Present your documentation organizationally and maintain a calm tone throughout the conversation. In today’s fast-paced work environment, it’s not uncommon to encounter co-workers who exhibit toxic behavior, jeopardizing the well-being and productivity of the entire team. Your journey to recovery is a step toward long-term stability and growth in your career and life. For more information about the addiction services that Ocean Recovery offer, download our brochure. In this article, we discuss the topic of addiction and employment in detail, providing answers to the legal aspects everyone should be aware of. The short answer is yes, but there are many more layers to the concept and you might have options before your employer lets you go.
That’s why companies usually only fire someone when there’s no other option. The process of detoxification involves various bodily systems, particularly the liver and kidneys, which play a vital role in filtering and excreting toxins. If you’d like help taking the next step toward recovery, contact our team at Archstone Behavioral Health. If you meet the criteria, FMLA can ensure your job or a similar position with equivalent pay and benefits will be waiting for you when you return.
- Workplace harassment and bullying can create a hostile work environment, affecting the targeted individual and the entire team.
- Medical records governed by HIPAA need separate storage from general personnel files to limit access appropriately.
- The ADA is a federal law that outlaws discrimination against people with disabilities, including those with certain addictions or mental health disorders.
- Alcoholism and drug addiction are medically recognized diseases that affect millions of Americans, and under both California and federal law, they are considered disabilities.
- In addition to the above, people addicted to drugs or alcohol are far more likely to take excessive time off or perform poorly, which may impact the company’s overall performance.
Many employers take these offenses very seriously and will likely take swift action if provided with concrete evidence. In cases involving sexual harassment, discrimination, or other illegal activities, consider filing a formal complaint with the Equal Employment Opportunity Commission (EEOC) or your state’s labor department. This step should be taken after exhausting all internal channels and when legal action is necessary to protect your rights. At Archstone Behavioral Health, we understand that the cost of rehab often discourages people from seeking help.
Speak with other coworkers to gauge their experiences and gather additional information. If your co-workers agree that the employee in question is problematic, encourage them to document their encounters as well. Having multiple employees reporting similar issues will strengthen your case. Simply disliking a coworker or having occasional disagreements doesn’t warrant seeking their termination.
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Additionally, some insurance plans may require prior authorization or limit the amount of treatment covered. Therefore, it’s important to understand your insurance coverage before beginning treatment. Some companies have clear guidelines on how they handle addiction treatment and medical leave, while others might not address it directly. It’s important to take the time to look at your employment contract and employee handbook to understand the protections and options available to you. Entering treatment for drug or alcohol use is a big step, and it can be a stressful one when you have a job. Starting services for substance abuse can lead someone to wonder “can I be fired for going to rehab?
Alcoholism and drug addiction are medically recognized diseases that affect millions of Americans, and under both California and federal law, they are considered disabilities. Employers are required to provide reasonable accommodations to permit affected employees to seek treatment and are prohibited from discriminating against employees because of alcoholism or drug addiction. Many organizations also offer Employee Assistance Programs (EAPs), which are designed to support employees dealing with personal or health issues, including addiction.
Ultimately, fostering a fair and just work environment should be your primary goal when terminating someone’s employment. Before taking action, reflect on your motives to ensure they are professionally justified and not driven by personal biases. This ensures that your actions align with ethical and professional standards, fostering a fair and just work environment. When contemplating on getting someone fired, weighing on the ethical aspects is crucial.