Q&A

Can a employer terminate an employee for alcohol abuse?

Can a employer terminate an employee for alcohol abuse?

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. Moreover, an employee must make the employer aware of his or her problem and ask for an opportunity to address the situation.

Can a person be fired for being an alcoholic?

The good news is that you cannot be terminated simply for being an alcoholic; the bad news is, you can be terminated for what you actually do, if you engage in behavior that negatively affects the workplace.

What’s the percentage of alcohol in Bacardi that is flammable?

Standard Bacardi is 40% alcohol by volume (80 proof) and is therefore not flammable. However, as we’ve already seen Bacardi also makes Bacardi 151, which is over 75% alcohol (151 proof) and that will burn without any problems at all. In fact, it might be one of the most flammable items in the average liquor cabinet.

What are the laws for an alcoholic employee?

There are two primary sets of federal laws potentially protecting an alcoholic employee: the (1) Americans with Disabilities Act (ADA); and the (2) Family Medical Leave Act (FMLA). (Your state may have additional laws providing other protection; at the very least, check your own state’s laws).

Can a person be fired for a BAC of 0.02?

A BAC of 0.02% at many U.S. companies will require that an employee be relieved of duty for 24 hours and at 0.04 they will be fired. In an organization with a “zero-tolerance” policy as regards alcohol use, you will be fired if you test at 0.001% BAC

Can a person get fired for being an alcoholic or drug addict?

CFRA/FMLA Leave for Drug and Alcohol Treatment. The California Family Rights Act (CFRA) the federal Family Medical Leave Act (FMLA) provide up to 12 weeks of leave for treatment of the employee’s own serious health condition, which may include leave for treatment of drug addiction or alcoholism.

Can you fire an employee for drinking at work?

However, an employer can ban alcohol in the workplace and require that employees not be under the influence of alcohol. But what about an alcoholic employee, who, while remaining sober at work, seeks a leave of absence to treat? You can’t fire an employee for requesting leave to treat for alcoholism.

Can a employer discipline an employee for being an alcoholic?

The ADA doesn’t allow employers to make an employment decision based solely on the fact that an employee is an alcoholic. An employer can, however, make a decision (including a decision to discipline or terminate an employee) based on the employee’s inability to meet the same performance and productivity standards that it imposes on all employees.

What happens if an employee has a drinking problem?

By providing alcoholic employees with a reasonable accommodation to combat their disease, an employer can avoid the costs (including potentially liability, if the employer did not act appropriately) associated with firing someone, then recruiting and training a replacement, while the employee can continue to be gainfully employed.

Can a employer discipline an employee for alcoholism?

Moreover, employers may discipline employees for improper behavior on the job, even if the employee can attribute the action to his or her alcoholism.

Can a company fire an employee for drinking?

These federal laws, which might protect an alcoholic worker from being fired, limit the so-called at-will doctrine that allows an employer to terminate an employee for essentially any reason.

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. Moreover, an employee must make the employer aware of his or her problem and ask for an opportunity to address the situation.

By providing alcoholic employees with a reasonable accommodation to combat their disease, an employer can avoid the costs (including potentially liability, if the employer did not act appropriately) associated with firing someone, then recruiting and training a replacement, while the employee can continue to be gainfully employed.

Can a person be fired for drinking on the job?

After their leave, the employee is entitled to be returned to the same or a similar position. Federal law does not protect employees who abuse alcohol while at work. If you catch your employee drinking on the job, you may fire him without following ADA’s due accommodation process.

Moreover, employers may discipline employees for improper behavior on the job, even if the employee can attribute the action to his or her alcoholism.

Why are employers allowing alcohol in the workplace?

The reason it’s making a comeback is because employers are now offering alcohol as a workplace perk. Not only is it something employees want (no surprise there), it’s also something employers feel can attract and retain today’s more progressive-minded Millennials.

What happens if you get fired for drinking at work?

Businesses with specific policies in place regarding an alcohol-free workplace and employee termination may offer you the opportunity to seek help for alcoholism and return to work after successful completion of a treatment program. NOLO: Employment At Will: What Does It Mean?

What to do if an employee has a drinking problem?

Specifically, you must make “reasonable” accommodations for the employee, such as giving them time off to go to rehab if: 1. They make you aware they have a drinking problem. 2. They must ask for an opportunity to try to remedy it. 3. They can prove that their drinking problem makes it impossible to do their job.

What are an employer’s obligations toward alcoholic employees?

If a job requires a valid driver’s license, for example, an employer would be permitted to terminate an alcoholic employee who lost a driver’s license as a result of a conviction for driving under the influence of alcohol.