Will my job let me go to rehab?

Will my job let me go to rehab?

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.

Is alcoholism covered under the American Disabilities Act?

Although alcoholism and drug addiction may both be disabilities under the Americans with Disabilities Act (ADA), they are, in some respects, treated differently. Current illegal drug use is not protected, but recovering addicts are protected under the ADA.

Is alcohol addiction considered a disability?

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. According to an experienced employment lawyer, different states also consider alcoholism to be a disease.

How do you prove an employee is drinking on the job?

‘ ” The only way to be certain that a worker is drunk is to have the worker take a blood alcohol test, a breathalyzer or some similar test, Shea said. An employer should not request or require an alcohol test unless there is “reasonable cause,” Shea said.

How do you deal with a drunk employee?

Here are our top four tips.

1. Know What to Look For. Know the signs, but never accuse an employee of being drunk at work.
2. Do Not Diagnose the Problem. As a manager, DO NOT diagnose an employee’s problem.
3. Remember, You Are Not Required to Test.
4. Remember, You Don’t Need Proof to Take Disciplinary Action.

When did it become illegal to drink at work?

Ratified on January 16, 1919, the 18th Amendment went into effect a year later, by which time no fewer than 33 states had already enacted their own prohibition legislation. In October 1919, Congress put forth the National Prohibition Act, which provided guidelines for the federal enforcement of Prohibition.

What to do if an employee smells like alcohol?

The first step would be to approach them directly and discreetly about your noticing the smell of alcohol or other signs of drinking. There’s nothing wrong with being concerned about a coworker, but they may be offended or become hostile. They may even try to manipulate you into thinking there is not a problem.

What to do when you suspect an employee is under the influence?

If you have facts to support a reasonable suspicion of alcohol or controlled substance use, inform the employee of the suspicion, ask the employee whether they are under the influence and ask the employee to consent to alcohol or drug testing.

What to do if you suspect an employee is using drugs?

If the drug or alcohol test results are negative, contact the employee and return them to their prior job as soon as possible. If it is positive, you have the option of sending them for counseling or treatment and returning to work.

Can I sue my boss for emotional distress?

If you suffered emotional distress as a result of job stress or because your employer or coworkers acted negligently or intentionally, you may be able to sue them to seek compensation for your damages. In that case, both the employee and employer may be held liable for your emotional distress — and damages.

Can an employer make you do something not in your job description?

So, the short answer is, yes, your employer may assign you tasks not specifically outlined in your job description. Unless you work under a collective bargaining agreement or contract, your employer can legally change your duties. During this time, work tasks sometimes are neglected or delegated to others.