Can you get fired for getting drug and alcohol treatment?

These are designed to balance efficiency in the workplace with the concern for employees’ welfare. Drug testing has always been a valuable tool for employers when it comes to weeding out potential employees or current employees who actively use recreational or prescription drugs illegally. However, drug testing is not always an effective solution when the employee has a legal prescription. On a similar basis, random drug testing and testing where suspicion exists also can be effective, but it can lead to potential discrimination lawsuits brought on by employees who feel threatened and unfairly targeted. Since it is legal for employers to require workers to take drug tests, they can opt to fire those who refuse to take them or fail them.

Escalate the Issue to Human Resources

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. Our programs are designed to not only address substance abuse but also provide career counseling and work re-entry support. Through our employer liaison services, we help facilitate open communication between employees and their workplaces, ensuring a smooth transition back to work.

• At-will employment allows employers to terminate employees for any reason, as long as it is not illegal.
• Once you have enough evidence, schedule a meeting with your manager to discuss your concerns.
• Similarly, if you have evidence of other person’s wrongdoings, such as harassment or fraud, gather as much information as possible before reporting the issue to the appropriate authorities.
• If you find yourself in a situation where you believe someone’s actions warrant employment consequences, it’s important to approach the matter responsibly.
• At Archstone Behavioral Health, we understand that the cost of rehab often discourages people from seeking help.
• Mediation or arbitration may also lead to settlements, including reinstatement, back pay, or other compensatory measures.

Ethical And Clear Ways on How To Professionally Get Someone Fired

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. All of the information on this page has been reviewed and verified by a certified addiction professional. However, being honest and proactive can foster understanding and facilitate a smoother transition. So, in this guide, we’ll explore 7 effective tips on how to get someone fired while maintaining a positive work culture.

The Americans with Disabilities Act

Policies typically include provisions for reasonable suspicion, random, and post-accident testing, each with distinct legal requirements. Commission on Civil Rights explain that employers can prohibit alcohol and drug use in their workplaces. In addition, employers are allowed to terminate or deny employment to workers or job applicants who are engaging in the illegal use of drugs. Employees can also be required to adhere to the Drug-Free Workplace Act of 1988 and other similar rules established by federal agencies. Some companies have clear guidelines on how they handle addiction treatment and medical leave, while others might not address it directly.

Residential Treatment

• However, a number of people are scared that it will make them lose their jobs by taking time to go to rehab.
• Access to these videos can be crucial in proving your case and seeking justice for any harm done to you.
• If an addiction has grown so strong that a person uses at work, they can be fired.
• These laws can prevent you from being fired simply for taking steps to get the help you need.
• However, employers must follow their own policies and procedures, often outlined in employee handbooks or contracts.

Recovery can improve every aspect of your life—personally, professionally and emotionally. However, the specifics of your situation, like your company’s policies and employment history, may also come into play, which we’ll explore in more detail next. Employer Liaison Services – Golden Road Recovery partners with employers to ease the transition of the client into or back from rehab as seamless as possible. By communicating openly and educating, they hope to reduce stigma and create a supportive culture. The Alberta Human Rights Tribunal (the “Tribunal”) found that Mr. Stewart was terminated for breaching the policy, not because of his addiction. This decision was affirmed by the Alberta Court of Queen’s Bench as well as the Alberta Court of Appeal.

Medically Reviewed: October 25, 2024

If your manager is unresponsive or fails to address the problem, bring the matter to the human resources department. Provide HR with copies of your documentation and any additional evidence you have collected. HR representatives are trained to handle sensitive situations and may be better equipped to investigate and take appropriate action. If you or someone you know is considering rehab and worried about job security, reach out to Golden Road Recovery. We are here to guide you every step of the way, helping you reclaim your health and career with confidence. The Tribunal determined that Mr. Stewart was not fired for his addiction, but for failing to comply with the terms of his employer’s policy to disclose his drug dependency.

These programs often provide confidential counseling and rehab referrals, helping you get the treatment you need without the fear of losing your job. Substance abuse can affect anyone, regardless of their background, occupation, or social status. Rehab is an essential process in the journey of recovery, particularly for people with serious substance use disorders. However, a number of people are scared that it will make them lose their jobs by taking time to go to rehab. The article discussed whether one can get fired due to going to rehab, the laws that protect employees, and some ways to navigate a workplace how to get someone fired for drug use conversation about addiction treatment. Alcoholism and drug addiction are medically recognized diseases that affect millions of Americans, and under both California and federal law, they are considered disabilities.

Sometimes, indirectly addressing issues can be a smart way to handle situations without obvious sabotage. Create scenarios that make it challenging for the person to continue their behavior. Instead of complaining about the person, clearly explain how their actions are causing issues for everyone in the workplace. In most places, employees can be let go or leave their jobs whenever they want.