Can you fire someone for showing up to work drunk?

A recent federal court decision upheld the fact that an employer can terminate an employee for being drunk at work, even when the employee is an alcoholic covered by ADA. That law requires the employer to give workers time off for treatment.

Can my employer fire me 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.

Can I ask an employee if they have been drinking?

You can ask questions to the employee and to his health care provider (through the employee) about the connection between the alcoholism and the performance or conduct problem. You can seek the employee’s input on what accommodations may be needed.

How do I deal with a drunk employee at work?

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.

Does addiction count as a disability?

You can’t receive Social Security disability benefits based on drug addiction even if your dependence on drugs makes it impossible for you to work. So if drug addiction is your only impairment, you don’t qualify for disability benefits.

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 your employee is drunk at work?

Approach the employee politely. Politely approach the employee like a friend and ask if he or she is slightly drunk. If the answer is yes, then you should send the employee home. Make sure you send another employee to drive the employee drunk and place the necessary sanctions like suspension.

Can an employer fire an employee for being drunk at work?

A recent federal court decision upheld the fact that an employer can terminate an employee for being drunk at work, even when the employee is an alcoholic covered by ADA. Alcoholism and drug addiction are often disabilities under ADA, the Americans with Disabilities Act.

Can you get fired for being an alcoholic in recovery?

Alcoholics who are in RECOVERY are covered by the Americans with Disabilities Act (ADA). They can’t be fired or disciplined for merely being an alcoholic, but they CAN be fired/disciplined for being drunk on the job like any other person.

Can you fire an employee for refusing to take an alcohol test?

An employee can refuse to take an alcohol test, Calvano said. But a worker whose condition of employment required agreeing to alcohol testing for reasonable cause can likely be terminated for this refusal, and the employer would probably be on sound legal footing, Hoyman said.

Can an employer terminate an employee for alcoholism?

The law does not require that an employer tolerate relapse or a refusal to obtain help when given the appropriate chance. Should an employer offer an appropriate accommodation to an alcoholic employee, but the problems with the employee’s alcohol abuse and job performance persist, an employer can rightfully terminate the employee.