Can you be fired from your job while in drug rehabilitation?
Question by Jessie: Can you be fired from your job while in drug rehabilitation?
I’m wondering if and employer can terminate your employment if you go into rehab for narcotics. Nothing illegal they are prescribed but just need help getting off of them. Can employment be legally terminated or would this fall under the Rehabilitation or Disability Act?
We are from WV and it is my husband I’m talking about he had a back injury about 10 years ago and has been w/ his employer for 7 or 8 years. And yes it is prescribed medication that he is on and not any kind of street or illegal drugs.
Best answer:
Answer by kapn
We are an at will state……..you can be fired for anything……..no cause needed…….unless you have some sort of contract……….
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July 26th, 2010 at 1:55 pm
im pretty sure they can.
July 26th, 2010 at 2:35 pm
Do not believe that they can fire you directly for that. But they could say any other number of reasons for it.
July 26th, 2010 at 2:48 pm
If your employer provides a health care program or you are enrolled in a HMO, then that treatment is not allowed to become part of your employment records. However, if you’re taking time off in order to enter a rehab program, this may change your standing as far as privacy is concerned. Now you need to find out your company’s employees health & welfare policy. Employment cannot be legally terminated if what you tell us here is the facts, that this addiction is not “street drugs”. However, I have no idea of what “rehabilitation or Disability act” means in your case, and you need to consult with an expert in this field.
July 26th, 2010 at 3:16 pm
if you are in the US then in most states YES you could be terminated for absenteeism due to the treatment. the employer is required to treat the absences the same as any other absences BUT they are not required to give preferential treatment due to the rehab.
if you and the employer are covered by FMLA then that would take care of this issue BUT FMLA is unpaid leave and NOT all employers and employees are covered.
to understand FMLA:
http://www.dol.gov/dol/topic/benefits-leave/fmla.htm
there are a couple of states were you do have some extra protections for drug and alcohol rehabilitation, one such state is California. in these very, VERY few instances the employer is required to make an extra accommodation for rehab.
edit your question to include where you are if you want a definitive answer.
EDIT:
in West Virginia your only protections are those provided through FMLA.
July 26th, 2010 at 3:57 pm
if you are not in a union, your employer can fire you at any time, for any reason.
July 26th, 2010 at 4:13 pm
If you are an at will state then yes. I’m sorry but he can.
July 26th, 2010 at 4:22 pm
Depends on the employer. Is WV an At Will state? Meaning that the employer or the employee can terminate the working relationship without cause.