However, if the fired person can prove you lied, you might face a legal case. In this article, we discuss the topic of addiction and employment in detail, providing answers to the legal aspects everyone should be aware of. If you meet these criteria, you can’t be fired for going to rehab by simply taking an FMLA leave of absence. 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.

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It’s legal to end employment for any valid reason, but it’s not allowed to fire someone based on their race, gender, age, or disability. John is one UK’s leading professionals in the addiction recovery industry. Pioneering new treatment techniques such as NAD+ and ongoing research into new therapy techniques such as systematic laser therapy, John is committed to providing the very best treatment for people throughout the UK and Europe. 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.

They may file a wrongful termination lawsuit if they believe their firing violated workplace substance policies or anti-discrimination laws. Reasonable suspicion testing is a tool used to ensure workplace safety when there is a specific, objective basis to believe an employee is under the influence. Signs such as impaired motor functions, erratic behavior, or the smell of alcohol or drugs may prompt testing.

Policies typically include provisions for reasonable suspicion, random, and post-accident testing, each with distinct legal requirements. My policy advice to employers is to always have a file establishing cause for termination whenever humanly possible, even though it is not required for an at-will employee. Certainly illicit drug use would qualify as a relevant cause, with the hope that you have documented incidents (sounds as if you may have) related in the past or currently relating to on-the-job issues.

Keep reading to learn when it’s appropriate to talk to your boss about firing someone, and when it’s a personal matter that you should try to manage on your own. We sat down with corporate trainer Joe Simmons to talk about managing employees and knowing when to fire them, all to help you learn how to deal with this sticky situation. Previously, only doctors could issue these notes, but now pharmacists, nurses, and some occupational therapists can also sign them. This change speeds up the process for anyone needing certified leave to seek treatment, helping them access rehabilitation or counselling without facing delays.

By being proactive about education around opioid use among the workforce, businesses can help their own legal standing and be informed about their employees’ struggles and how to accommodate them in the best way possible. Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not. 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. If you tell management about something that leads to someone being fired, it’s the company’s decision.

ADA Protection against being fired for going to rehab

The EEOC investigates claims and, if warranted, can pursue legal action against the employer. Mediation or arbitration may also lead to settlements, including reinstatement, back pay, or other compensatory measures. This answer should not be construed to create any attorney-client relationship. Such a relationship can be formed only through the mutual execution of an attorney-client agreement. The answer given is based on the extremely limited facts provided and the proper course of action might change significantly with the introduction of other facts. All who read how to get someone fired for drug use this answer should not rely on the answer to govern their conduct.

Remember to have another person present when you terminate, preferably someone in a supervisory or human resources position. Whether or not an employer believes that there are people in their employ who have problems with substance abuse issues, it is worthwhile having a drugs and alcohol policy put in place anyway. FLMA applies to all public agencies, all public school employees and any company maintaining over 50 employees. When employers are considered FMLA eligible under these guidelines, they must provide employees who are eligible with up to 12 weeks of unpaid leave yearly when the employee cannot work due to a serious health condition. Employers should also cover their legal status by deciding whether and when drug testing is warranted, for pre-duty, post-incident, reasonable suspicion, or similar situations. Drug policies should also paint a clear picture when it comes to protocol and corrective action that may happen as a result when an employee is suspected of misusing drugs.

Keeping you up to date on trends, emerging exposures and other critical issues.

Many organizations also offer Employee Assistance Programs (EAPs), which are designed to support employees dealing with personal or health issues, including addiction. These programs often provide confidential counseling and rehab referrals, helping you get the treatment you need without the fear of losing your job. 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. However, job performance, safety concerns, and other factors can still be legitimate reasons for termination. A person with a drug addiction can be considered disabled under the ADA if he or she has completed or is participating in a supervised drug rehabilitation program and is no longer using illegal drugs.

Testing procedures must also be conducted in a manner that respects employee dignity, as overly invasive methods have been scrutinized by courts. While it is legal to terminate employment for valid reasons, attempting to get someone fired without concrete evidence is unethical. At Ocean Recovery Centre, we work with employees and employers to help those struggling with addiction get the help they need.

The Americans with Disabilities Act

The important thing about creating a no tolerance policy is making sure your employees understand it and sign an acknowledgment page saying they received a copy of the policy. If termination becomes necessary, uphold professionalism and confidentiality. Anonymous reports or formal complaints should concentrate on work-related impacts rather than personal matters.

• Create scenarios that make it challenging for the person to continue their behavior.
• All who read this answer should not rely on the answer to govern their conduct.
• Certainly illicit drug use would qualify as a relevant cause, with the hope that you have documented incidents (sounds as if you may have) related in the past or currently relating to on-the-job issues.
• Moreover, maintaining confidentiality in reporting, considering alternative solutions, and reflecting on motives to ensure they align with professional standards can’t be overstated.
• Drugs and alcohol screening are one way in which some employers are able to target any substance misuse within their organisation.

In cases of suspected drug use, this means an employer can dismiss an employee based on suspicion alone, as long as the termination does not involve discrimination or retaliation for protected activities. However, employers must follow their own policies and procedures, often outlined in employee handbooks or contracts. These policies must balance workplace safety with employee privacy rights. Employers should clearly communicate the details, including prohibited substances, testing circumstances, and consequences for violations.

In situations involving a hostile work environment, dismissal through formal channels is acceptable, given that it’s supported by valid evidence. When contemplating on getting someone fired, weighing on the ethical aspects is crucial. Under federal and most state laws, employers are free to fire employees or job applicants when their drug use impacts their job duties, or they use while on their shift.

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If you seek substance abuse treatment voluntarily, you can’t be fired for going to rehab or be fired for past mistakes due to drug and alcohol use. The most important federal law that applies to drug addiction and alcoholism in the workplace is the Americans with Disabilities Act (ADA). Federal courts and regulations recognize alcoholism and drug addiction as disabilities when they substantially limit one or more major life activities. However, the ADA does not apply to employees who are currently engaged in the use of illegal drugs. When an employee having a substance abuse issue requests an accommodation from them to do their job, the ADA’s reasonable accommodation analysis is put into motion. Anti-discrimination laws protect employees from unjust termination based on suspected drug use.

Please seek the advice of competent counsel after disclosing all facts to that attorney. The answering party is only licensed to practice in the State of California. Base your decisions on concrete evidence rather than personal grievances and view termination as a last resort after exploring alternative solutions. However, if you keep making reports or accusing the same person, it is considered unethical to get someone fired. In mid-2023, there were important updates to the rules around fit notes which have made it easier for employees struggling with addiction to take time off work. If you’re unsure about how entering treatment will impact your employment, speak to the admissions specialists at the rehab facility.

Arrested for Drug Possession: Can Your Boss Legally Fire You?

The ADA shields employees with disabilities, including those recovering from substance abuse, as long as they are not currently engaging in illegal drug use. Employers cannot discriminate against employees in recovery who meet essential job qualifications. Employee privacy is a key concern in workplace drug testing, and employers must navigate legal boundaries to avoid infringing on individual rights. For public-sector employees, the Fourth Amendment protects against unreasonable searches and seizures, limiting the circumstances under which government employers can conduct drug tests. Courts have typically upheld testing in roles involving public safety or national security but have struck down blanket or suspicionless testing in some cases.