Can an Employee Legally Be Fired for Opioid Issues?

Our licensed medical reviewers, specializing in mental health and addiction medicine, are devoted to assisting readers and potential clients in making informed decisions about their treatment. We maintain strict accuracy standards, sourcing information exclusively from credible sources for our website content. A person may lose their job if they go for rehab without leave, do not follow FMLA guidelines, or if the company has always had a stringent drug-free policy. If the termination of one’s employment has no backing and it feels more like an act of discrimination against one’s disability, a complaint can be filed to ADA. Employers must also make reasonable efforts to preserve the employee’s privacy concerning his or her participation in an alcohol or drug rehabilitation program. The experts at NOLO write that employers generally do not worry about employees who drink socially outside of work, but when frequent overindulgence affects their work performance, it can be a problem.

What if a Person Loses Their Job While Getting Treatment for an Addiction?

That’s why companies usually only fire someone when there’s no other option. When presenting your case to management or HR, emphasize the negative impact the harassment has on the work environment and the well-being of the employees. 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. Just hours after being sworn in, President Trump signed a presidential memo ordering federal workers to return to their offices five days a week, while leaving some room for exemptions. The memo thanks those who opt to remain in their jobs but adds, “At this time, we cannot give you full assurance regarding the certainty of your position or agency.”

How to Get Someone Fired Effectively: A Step-by-Step Guide

In the circumstances, the minority found that the employer had, in fact, made reasonable accommodations. Companies may not terminate, refuse to promote or refuse to hire someone because they have a past history of substance abuse. These same rules apply to employees and prospective employees who are enrolled in alcohol or drug rehabilitation programs. The writers at American Addiction Centers claim that it is, under Section 504 of the Rehabilitation Act, the ADA and Section 1557 of the Affordable Care Act. The FMLA is another key law that can protect employees needing time off for medical reasons, including addiction treatment. Under FMLA, eligible employees are authorized up to 12 weeks of unpaid leave per year for serious health conditions, which can include substance abuse disorders.

What Is The Law?

• In addition, the American Society for Addiction Medicine offers educational programs and information on self-advocacy, networking, treatment programs, and aftercare services.
• For instance, if someone is consistently late to group meetings, explain how it affects productivity and collaborate on finding a solution.
• At Archstone Behavioral Health, we understand that the cost of rehab often discourages people from seeking help.
• One of the most common reasons for getting someone fired is dishonesty or fraudulent behavior.
• Keep in mind that many companies have policies in place to help employees struggling with substance abuse, so termination may not be the only outcome.
• The experts at the Substance Abuse and Mental Health Services Administration (SAMHSA) provide a list of some of these as being the Department of Transportation, Department of Defense and the U.S.
• However, if you suspect that an employee or fellow coworker is using drugs while on the job, you will want to approach this situation with caution.

We offer a full continuum of care on our campus – from admissions to discharge, guiding and supporting you every step. By taking steps toward recovery, you’re investing in a healthier future, which ultimately makes you a better employee, friend and family member. Many employers recognize this and are supportive of their staff seeking help. When it comes to addiction, seeking help is always the best choice, no matter the circumstances. If you’re worried about questions like, can I get fired for going to rehab, remember that your health and well-being always come first. The long-term benefits of getting treatment far outweigh temporary concerns about job security.

The Rehabilitation Act of 1973

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. This Act prohibits employers of services from firing, discriminating against, or refusing to hire suitable and qualified employees because of their disability which includes addiction. The law protects employees that are either on admissions, recovery or seeking help. 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.

• Many states will also allow companies to fire employees for using drugs off the clock as well, as it could potentially hurt their performance or impact the company’s image in public.
• If you or anyone you know is undergoing a severe health crisis, call a doctor or 911 immediately.
• Most inpatient rehab centers require maximum focus on healing as every other activity may cause distraction or stress, triggering a relapse.
• Request that your complaint remain anonymous, then let your manager deal with the situation from there.
• Reach out to us today to learn more about our substance abuse treatment programs in Florida or to get started with a confidential, risk-free assessment.

Confronting Incompetence and Poor Performance

Companies can and will step in when workers cannot do their jobs or present risks to others. Most companies will also allow leave or time off for an employee to enroll in treatment. Many workplaces and bosses care about their employees and want them to get better.

That policy required employees to disclose any dependence or addiction issues before any drug-related incident occurred. If they did not and they how to get someone fired for drug use were involved in an incident and tested positive for drugs, they would be fired. Mr. Stewart signed an acknowledgment of the requirement for him to disclose his drug dependency. All employees, including Mr. Stewart, attended a training session at which the policy was reviewed and explained. Federal laws are designed to safeguard employees who pursue treatment for addiction or mental health issues.