Can an employer fire you for being an alcoholic?
While it is unlawful for an employer to fire an employee solely because he is an alcoholic, a company may fire a person for unacceptable behavior, such as a safety lapse, violation of company rules or repeated absence, even if the behavior is caused by alcoholism.
Is alcoholism protected under the ADA?
Under the Americans with Disabilities Act (ADA), people who abuse alcohol may be considered disabled if the person is an alcoholic or a recovering alcoholic. … For example, the California Fair Employment and Housing Act (FEHA) treats alcoholism as a disability.
What is the legal obligation under ADA of employers of alcoholics?
Although employers are expected to provide reasonable accommodation to individuals with disabilities, nothing in the ADA requires an employer to tolerate drinking or drug use on the job, or an employee who comes to work under the influence of drugs or alcohol.
Can you be sacked for smelling of alcohol?
The tribunal found that smelling of alcohol at work was not by itself sufficient to constitute gross misconduct justifying dismissal under the employer’s disciplinary policy and substance misuse policy.
Does addiction count as a disability?
You can’t get disability benefits for drug addiction, but you can sometimes get disability if you are or were addicted to drugs. Although drug addiction often substantially impairs a person’s ability to work, an applicant will not be approved for disability on the basis of the drug addiction.
Can you be fired for being a recovering addict?
The Americans with Disabilities Act (ADA) protects individuals in addiction recovery from being discriminated against in the workplace. This means that your employer can’t fire you based on your decision to attend rehab.
Can you fire someone for drug use?
While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws …
Is drinking on the job legal?
Maybe this seems like a no-brainer, but the ADA permits businesses to bar the use or possession of alcohol in the workplace. It doesn’t matter that the employee claims that his alcoholism cause him to display bad judgment and bring the bottle to work, you can always lay down the law (consistently) in this regard.
What do you do if you smell alcohol on an employee?
If you see someone actively using drugs or alcohol while on the job, you should report it to HR immediately. Reporting a coworker for suspected alcoholism out of concern and without malicious intent is alright, but you still may be accused of libel.
How do you deal with a drunk employee?
Meet with the Employee
Remain calm and nonjudgmental. Don’t make accusations, but mention the employee’s unusual behavior. If you suspect the employee is currently under the influence, now is not the time to address any associated performance issues. Instead, emphasize your concern for the employee’s well-being.
What to do if an employee comes to work drunk?
If an employee comes to work intoxicated but is not exhibiting violence, have security usher him to a safe place at your business. Contact the human resources department and report the intoxication. Call someone in the employee’s family or local law enforcement to have the employee taken home.