Alcoholic employee

[ursulaszczep]

What is the name of your state? Florida
We have an employee who has developed an alcoholic problem which is affecting his work. We gave him time off with pay to attend a rehab program. However, he is drinking again. Can we fire him? Is he protected under Americans with Disability Act?

 

[I AM ALWAYS LIABLE]

What is the name of your state? Florida
We have an employee who has developed an alcoholic problem which is affecting his work. We gave him time off with pay to attend a rehab program. However, he is drinking again. Can we fire him? Is he protected under Americans with Disability Act?

My response:

You can fire him. Your company went way beyond the "call of duty" by paying for a rehab program. Your company has "accomodated" him as far as you could, and now he's become a hazard and liability.

Fire him.

IAAL

 

[cbg]

Agreed. An employee who is actively abusing alcohol to the extent that it is affecting his work has no ADA protections. If he has successfully completed rehab and has no reoccurance, THEN it cannot be held against him that he at one time abused alcohol. But in the circumstances you describe, you should be safe in terming him.

However, to be on the safe side, I would be sure that the situation, including any warnings you may have given him, are clearly documented.