Question: Can someone be fired for being an alcoholic?

Employers may hold the alcoholic employee to the performance standards applicable to their job and require that employees may not be under the influence of alcohol in the workplace. You may discipline or terminate the employee if the use of alcohol adversely affects job performance or conduct.

Can an employer fire you for being an alcoholic?

While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws …

Is alcoholism a protected disability?

For example, the California Fair Employment and Housing Act (FEHA) treats alcoholism as a disability. … This leave is job-protected, which means that an employer cannot terminate an employee when he or she is on leave for this treatment.

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Can you be fired for smelling like alcohol?

While you can’t be fired, the FMLA does not guarantee you will be paid during this time. One way to help supplement your income during this time is to apply for short-term disability.

Can you discriminate against alcoholics?

Alcoholism can be considered a covered disability under the Americans With Disabilities Act (ADA). An employer may not discriminate against an individual based on a history of alcoholism if that person has been rehabilitated and no longer uses alcohol.

How do you prove someone is drinking at work?

‘ ” 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.

Can you ask an employee if they have a drinking problem?

The inquiry has to be job-related and consistent with business necessity. If the person’s alcohol use has to do with essential job functions or other legitimate business concerns, then in fact, the employer may be allowed to ask those questions without running afoul of the ADA.

Is being a drug addict a disability?

The Equality Act 2010 (Disability) Regulations 2010 (SI 2010/2128) specifically provide that addiction to alcohol, nicotine or any other substance (except where the addiction originally resulted from the administration of medically prescribed drugs) is to be treated as not amounting to an impairment for the purposes of …

What to do if an employee shows up drunk?

If an employee comes to work intoxicated but is not exhibiting violence, have security usher him to a safe place at your business. Contact the human resources department and report the intoxication. Call someone in the employee’s family or local law enforcement to have the employee taken home.

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Do you get extra benefits for being an alcoholic?

You can’t get disability benefits for alcoholism alone, but you may be able to get disability benefits for alcohol-related medical conditions. The Social Security Administration (SSA) cannot find you disabled based solely on your diagnosis of chronic alcoholism.

Why does my breath smell of alcohol when I don’t drink?

Alcoholic ketoacidosis

A person who consumes large amounts of alcohol may not have a healthful diet or eat enough food to provide their body with energy. In this case, the body may produce ketones, and a condition called alcoholic ketoacidosis may develop. Symptoms include: a smell of acetone on the breath.

How do you not smell like alcohol?

The smell of alcohol doesn’t just emerge from your throat, but also through the pores in your skin. Take a quick shower, then apply any combination of lotion, baby powder and deodorant necessary to avoid sweating. A spritz of cologne or perfume could help as well.

Should I tell my boss I’m an alcoholic?

Why Should You Tell Your Employer You’re in Recovery? It’s not always important to disclose your history of addiction to an employer. If you’re strong in recovery and your job doesn’t interfere with your success in any way, you probably don’t need to mention it.

Can you be fired for being a recovering addict?

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.

Can you have a drink during lunch break?

Use of an alcoholic intoxicant during lunch or break periods would not be misconduct unless there is an employer rule prohibiting consumption of alcohol under penalty of discharge, and the claimant knows about it or prior warnings have been given.

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