If your alcohol or drug use impairs your ability to do your job, you can be fired in the US. Employers can’t fire you just because you use marijuana. In Canada, you can be disciplined or fired if you are found to be in violation of the Controlled Drugs and Substances Act (CDSA).
The CDSA is a federal law that regulates the production, distribution, possession, and use of controlled substances in Canada. If you have been convicted of a drug-related offence, such as possession of marijuana, it is possible that you could be subject to a criminal record that could prevent you from obtaining a job in the future.
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Should I tell my employer I have a drug problem?
Employers are required to keep confidential any information they receive regarding their employees‘ employment status. Employers are not required to disclose information about an employee‘s sexual orientation or gender identity to a prospective employer. However, if an employer receives a request from a person seeking employment, the employer must comply with the request and provide the requested information to the person.
The employer may not disclose the information without the consent of the employee, unless the disclosure is required by law or is necessary to protect the health, safety, or welfare of another person or to prevent or investigate a crime or other violation of law.
For example, a law may require employers to report to law enforcement any employee who is suspected of committing a serious crime, such as murder, rape, robbery, aggravated assault, arson, burglary, larceny-theft, grand theft auto, and other serious crimes. Employers must also report the identity of any person who has been convicted of a criminal offense, even if that person has not been charged with any crime.
Can you fire someone who has an addiction?
An employee can’t be fired for being addicted to drugs or alcohol because it’s considered to be a disability. Employers are required to accommodate employees who suffer from addiction to drugs, alcohol, or gambling. Employers are also required by law to provide reasonable accommodations to employees with disabilities.
For example, if you have a physical or mental disability that makes it difficult for you to perform the essential functions of your job, you may be able to request that your employer provide you with a reasonable accommodation to allow you the use of an auxiliary aid or service (such as an assistive listening device) to assist you in performing your essential job functions.
If you are unable to work because of a mental or physical disability, it is your responsibility to make sure that you receive the necessary accommodations.
How does drug addiction affect employment?
Substance abuse in the workplace can lead to a decrease in productivity. Approximately 16% of emergency room patients have alcohol in their system. When alcohol is involved, there is a higher chance of workplace accidents. Alcohol is the most common cause of workplace injuries, accounting for more than one-third of all work-related injuries reported to the U.S. Department of Labor’s Occupational Safety and Health Administration (OSHA).
Alcohol is also a major contributor to workplace fatalities, with alcohol-impaired drivers responsible for nearly half of the fatalities on the job. In addition, alcohol use is associated with an increased risk of death from all causes, including accidents, suicide, and homicide. Alcohol use also increases the likelihood that an employee will suffer a heart attack, stroke, or other cardiovascular disease.
Can my employer sack me for being an alcoholic?
Ensuring a fair performance management process is followed is one of the requirements for employers to act in accordance with their staff policies on drug and alcohol abuse. Conduct, capability or some other factor could be used to justify the dismissal of an employee for alcohol related reasons.
Employees who are found to be under the influence of alcohol should not be allowed to return to work until they have been sober for a period of at least six months. This is to ensure that the employee is no longer a risk to the health and safety of other employees or the public.
Should I tell my employer I’m an alcoholic?
If you have a history of addiction, it’s not important to tell your employer. You might be able to get away with it if you are strong in recovery and your job doesn’t interfere with your success. But if you’ve been addicted to drugs or alcohol for a long time, it’s probably a good idea to talk to your employer about your addiction. It might help you find a new job.
Is alcoholism considered a medical condition?
There is a medical condition called alcohol use disorder. Heavy or frequent alcohol drinking is involved when it causes problems, emotional distress, or physical harm. The effects of alcohol can be managed with a combination of medications, behavioral therapy and support.
Can you accuse an employee of being on drugs?
If you follow your state’s laws for performing an employee drug test, you don’t have to worry about legal issues. You will usually be able to return to work if the test comes back positive. However, if you suspect that your employee is using illegal drugs, it is important to take steps to ensure that you do not lose your job.
Can you get fired for using drugs outside of work?
While it is true that employees guilty of drug use, even outside work, leave themselves exposed to dismissal on grounds of either capability, conduct or “some other factor”, it does not follow that the employer has the right to terminated an employee on the ground that he or she is a drug It is well established that an employer is not entitled to rely upon the mere fact that a person has been convicted of a crime in order to discharge him or her from employment.
See, e.g., United States v. O’Brien, 391 U.S. 367, 377 (1968) (per curiam) (“[W]e have long recognized that, in the context of employment, a conviction for a criminal offense ․ may not be used as a basis for discharge of an otherwise qualified employee.”).
Can someone be addicted to work?
Work addiction, also known as workaholism, is a mental health condition. Work addiction is the inability to stop the behavior. It is often caused by a need to achieve status and success as well as a lack of self- discipline. Work-related stressors, such as long hours, poor working conditions, and low pay, can all contribute to the development of work-induced stress disorder (WISD), which can lead to depression, anxiety, substance abuse, or even suicide.
In fact, a study published in the Journal of Occupational and Environmental Medicine found that workers who worked more than 40 hours per week were more likely to develop WISDs than those working less than 30 hours a week. The study also found a link between working more hours and higher rates of depression and anxiety among workers.