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