Legal Question in Employment Law in California

Can you get fired for an drug addiction isnt there a law of disabled American act should I have been fired for that


Asked on 4/29/12, 3:51 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Nice try, but the law does not protect illegal activity, like drug use. Failing a drug test or being discovered at work under the influence is grounds for immediate termination for cause / misconduct, with denial of unemployment benefits and COBRA insurance coverage. The courts have consistently supported the 'drug free workplace' policies.

Had you approached your employer voluntarily seeking help, many will cooperate with employees they like, to arrange counseling and rehab, and hold your job. That is voluntary, not mandatory.

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Answered on 4/30/12, 12:08 pm


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