Window and Door Centre North East

Is it legal to get someone fired if you know they are on drugs? Legal Answers

Men were significantly more likely to receive an official warning from their employers – while only 27% of women received official warnings, 46% of men did. But women seemed to experience more severe consequences for discussing drugs at work – 32% of women were fired for drug talk, while only 17% of men were left unemployed. Whether or not employees find it appropriate to discuss their drug use at work likely won’t matter when the boss gets wind of the conversations occurring. While only 17% of employees reported experiencing negative consequences due to their drug discussions, some were more severe than others.

How do you get a toxic employee fired?

  1. Be kind, but also direct.
  2. Keep track of all misconducts and provide frequent performance-based feedback.
  3. Explain why the decision was made thoroughly, but do not go overboard.
  4. Be prepared and don't get distracted.
  5. Be mindful of mental health.
  6. Communicate with your team appropriately.

Even in the most liberal of offices, drug discussions can change the way the user is viewed, make others uncomfortable, and even put their job at risk. For example, California state law prohibits employers from disciplining employees for engaging in off-duty conduct that signs of drug use is legal. Marijuana can remain in a person’s body for days, even weeks after use, so a positive drug test for marijuana does not necessarily point to impairment during work hours. Your company may offer the services of a substance abuse professional for the employee.

Can an employee be fired for using cocaine outside of their work hours?

Your coworker may not be thinking clearly since their mind and body is more focused on where to get their next fix instead of getting their work done. Your coworker may physically be there, but they are mentally somewhere else which can be bothersome if you’re trying to get their attention. Your coworker may be prone to suffering from multiple accidents or injuries since they are not mentally aware.

A customer may properly complain to the manager about an employee’s drug use, and that manager may decide to fire the employee or discipline and keep the employee, but those decisions are the manager’s decisions – not yours. Lastly, if you don’t have a drug or alcohol policy, or a code of conduct, for your business, consider contacting a business attorney to help you draft one. In large workplaces that are racially and ethnically diverse, it is also wise to involve a diverse and representative group of employees in formulating your policy. This will help ensure that you produce a program that is culturally competent, fairly enforced, and sensitive to the needs of all employees.

Drug Test and Discipline

Employers also are prohibited from taking any action against workers who request time off to care for addicted family members. The law of drug testing is changing rapidly as more courts rule on employee lawsuits claiming that a particular drug test violated their right to privacy. If an employee is under the influence of illegal drugs at work, disability rights laws do not limit your company’s options. You may deal with that employee through your company’s standard disciplinary procedures.

If the employee has not created a safety threat and does not hold a highly sensitive position, a written reprimand might be appropriate for a first offense. It can be hard to initiate a conversation with your coworker about their drug use as you could be worried they will be angry at you for meddling in their business. If you have a close relationship with your coworker such as having a relationship outside of the office and speak to each other all of the time, your coworker may think you are being genuine for wondering. Just let them know that you are concerned about their health and want you to take care of it now before your boss or Human Resources find out, costing you your job. If you have only spoken to your coworker a few times in the whole time you two have worked together, your coworker may be defensive towards you. Just give your coworker examples about how their poor performance is affecting the company and to do something about it now.

The Americans with Disabilities Act

An employer can, however, make a decision based on the employee’s inability to meet the same performance and productivity standards that it imposes on all employees. While it may be your first reaction to want to get your coworker straight-up canned, any scenario in which they leave the job is good for you. Maybe that means recommending them for a new job you think they’ll be attracted to, or continually talking to them about how bad the job is, convincing them to quit. If they think they’re acting in their own best interest, you’re doing everyone a favor.To fire an employee professionally and compassionately, the company should have an assessment of their performance. The Americans with Disabilities Act and the Rehabilitation Act prohibit most employers from refusing to hire, fire or discriminate against any otherwise qualified applicant or current employee on the basis of a disability. The ADA applies to all private enterprises employing 15 or more people and all State and local governmental entities.

  • Discussing drugs at work usually doesn’t help employees move up in the company, so what’s their reasoning for broaching the subject?
  • Be prepared to have evidence of the person’s behaviors or actions and any physical evidence present.
  • Whether you are a peer or supervisor, knowing how to handle workplace addiction can be difficult.
  • However, the ADA does not apply to employees who are currently engaged in the use of illegal drugs.

Leave a Reply

Your email address will not be published. Required fields are marked *