Addiction & Termination: When is it Appropriate to Fire an Addicted Employee?

how to get someone fired for drug use

In that case, which originated in Alberta, Mr. Stewart worked in a mine operating a loader. His employer, the Elk Valley Coal Corporation, implemented a policy that was intended to ensure safety at the mine site. That policy required employees to disclose any dependence or addiction issues before any drug-related incident occurred.

In the circumstances, the minority found that the employer had, in fact, made reasonable accommodations. Overall, getting someone fired for drug use can be a difficult, yet necessary, process. It is important to remember to remain professional, objective, and honest throughout the process.

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. 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. Anonymous reports or formal complaints should concentrate on work-related impacts rather than personal matters.

Yes, legally, drug addiction is considered to be a disability because it requires treatment and rehabilitation, just as any other medical disorder does. That person has the right to challenge any discrimination due to their past drug use or need for treatment. In these cases, gather substantial evidence of the person’s wrongdoings and report the issue to your manager or HR department as soon as possible. Many employers take these offenses very seriously and will likely take swift action if provided with concrete evidence.

how to get someone fired for drug use

Depending on how the drug affects the employee, and whether the employee suffers from a disability within the meaning of these laws, your company may have to accommodate the employee’s use of the drugs. The ADA doesn’t allow employers to make an employment decision based solely on the fact that an employee is an alcoholic. Additionally, employers should be sure to create a safe and supportive work environment for all employees. This can be done by providing regular training on drug use in the workplace and creating an open dialogue between management and employees about the issue.

Medication may also impair judgment and abilities, which could impair a worker’s ability to meet job requirements. The consequences should depend in part on whether the employee has endangered the health and safety of others. For example, an employee who has a few beers at lunch before returning to work operating a forklift might warrant more severe discipline that a waitress who has a glass of wine understanding the dangers of alcohol overdose at lunch. Meanwhile, employer groups say business owners should be able to maintain a drug-free workplace if they want. Cannabis legalization advocates point out that cannabis compounds can linger in the body for weeks, if not months. That makes failing a marijuana drug test akin to failing a sobriety test because you had a glass of wine two weeks ago, said Moore, of the Drug Policy Alliance.

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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. Some employers, however, opt for a zero-tolerance policy under these circumstances and immediately suspend and then terminate the employee. Because using, selling, or possessing illegal drugs is a crime, many employers immediately terminate employees who engage in this type of behavior at work. If the employee endangers the physical safety of others — for example, by driving the company van after smoking marijuana at home — something more drastic is called for. If the employee has a drug problem, one option is to suspend the worker until he or she successfully completes a treatment program. If an employee’s performance is affected by the proper use of prescription or over-the-counter drugs, state and federal disability laws may limit an employer’s options.

how to get someone fired for drug use

Additionally, a drug-free workplace policy can help to create a safe and productive work environment for all employees. He emphasized that when Colorado voters legalized pot, they wrote after-work drinking that authority into the state constitution. So far, 14 states and Washington, D.C., have banned employers from discriminating against workers who use marijuana for medical reasons.

Can I get someone fired anonymously?

If you believe someone should be fired, reporting them to the Human Resources (HR) department is a powerful option. If the company decides not to fire them, it’s best to move on and not try to gather more evidence. So, in this guide, we’ll explore 7 effective tips on how to get someone fired while maintaining a positive work culture. Don’t let uncertainty 6 ways adult children of alcoholics struggle later in life linger – empower yourself with the knowledge to handle workplace challenges confidently. Ultimately, the court concluded that the employer did not discriminate against Mr. Stewart on the basis of his addiction. “Let’s make sure we’re not putting up artificial roadblocks that end up impacting, especially, Black and Latinx employees,” she said.

When taking disciplinary action against an employee, it is important that the action is fair and consistent with the severity of the violation. Additionally, the employer should make sure to document all disciplinary action taken in order to provide proof that the action was taken in accordance with the drug-free workplace policy. Finally, it is important for employers to remember that drug use is a serious issue and should be handled accordingly. Employers should take all necessary steps to protect their employees from drug use and ensure that any suspected drug use is addressed quickly and effectively.

  1. Common signs of drug use include changes in mood or behavior, impaired performance, increased absenteeism, and changes in physical appearance.
  2. The rate was slightly higher, 4.8%, in states that allow adults to buy recreational marijuana.
  3. Workplace harassment and bullying can create a hostile work environment, affecting the targeted individual and the entire team.
  4. Alcohol and drug disorders, defined as a legal disability that requires effective treatment and rehabilitation, just as any other medical or behavioral disorder.
  5. But in most of those states, people can be fired or denied a job for using cannabis in their free time.

Employers should also be sure to stay up-to-date on any relevant laws and regulations. One of the best ways to ensure that drug use is not tolerated in the workplace is to create a drug-free workplace policy. This policy should outline the rules and regulations regarding drug use in the workplace, such as drug testing, disciplinary action, and termination. Additionally, the policy should include information on how to respond to suspected drug use, such as how to investigate and handle the situation.

Family and Medical Leave Act (FMLA)

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. It is also important for employers to remember that any disciplinary action taken against an employee should be based on the evidence collected during the investigation. Additionally, it is important to ensure that the investigation is conducted in a fair and impartial manner, and that all employees involved in the investigation are treated with respect and dignity. Restaurants involve tight working spaces and hazards from knives to open flames and deep fryers, she said. Allowing workers to use intoxicating substances on the job could lead to accidents and potentially the loss of an establishment’s liquor license.

FMLA act provides employees the opportunity of unpaid work leaves to get help for an addiction. FMLA offers up to 12 weeks leave within 12 months based on specific reasons such as a referral from a medical professional. Workers who are eligible for this recovery opportunity are those found unable to function optimally at their place of work. This exempts individuals who miss work because of drugs but are not seeking treatment. If an employee is under the influence of illegal drugs at work, disability rights laws do not limit your company’s options.

According to reports, about 10%-25% of the U.S. population operates under the influence of alcohol or drugs while on duty. 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. A simple “I’m sorry to hear about your situation; if there’s anything I can do to help, please let me know” can be appropriate. Terminating someone can significantly impact their career, so avoiding misrepresentation is essential, which not only violates ethical standards but may also lead to legal consequences. Access to these videos can be crucial in proving your case and seeking justice for any harm done to you.

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