If I’m In Treatment, Will I Lose My Job? - A Guide For The Employee Seeking Recovery
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The Americans with Disabilities Act is federal law that prohibits discrimination against employees who have disabilities. The ADA law looks to the time a person is actually terminated to determine whether that employee is currently abusing drugs or alcohol. They can help guide you on the best approach for entering rehab while preserving your job.
Browse Employment and Addiction Topics. Accredited by the Commission on the Accreditation of Rehabilitation Facilities. By submitting this form, I agree to be contacted by Rehab After Work. One of our experienced intake professionals will contact you shortly to discuss your treatment and recovery options. Being around others facing similar challenges can help energize and motivate you during your job search.
Network for new employment. While unemployment can wear on your self-esteem, volunteering helps you maintain a sense of value and purpose. And helping others is an instantaneous mood booster. Volunteering can also provide career experience, social support, and networking opportunities.
Keeping your job loss a secret will only make the situation worse. Open up to your family. Keep them in the loop about your job search and tell them how they can support you. Listen to their concerns.
What Counts as Lost Income?
Your family members are worried about you, as well as their own stability and future. Give them a chance to talk about their concerns and offer suggestions regarding your employment search. Make time for family fun. This will help the whole family stay positive. It is important for them to know what has happened and how it will affect the family. However, try not to overburden them with too many emotional or financial details. Keep an open dialogue with your children.
They need reassurance in these matters, regardless of their age. Children need to feel as if they are helping. They want to help and allowing them to contribute in ways such as taking a cut in allowance, deferring expensive purchases, or getting an after-school job can make them feel as if they are part of the team. It can be easy to turn to unhealthy habits such as drinking too much or bingeing on junk food for comfort. But these will only provide fleeting relief and in the long-term make you feel even worse. Acknowledging your feelings and challenging your negative thoughts, on the other hand, will help you deal with the loss and move on.
Write about your feelings. This is especially cathartic if your layoff or termination was handled in an insensitive way.
Accept reality. The sooner you do so, the sooner you can get on with the next phase in your life. Avoid beating yourself up. Challenge every negative thought that goes through your head. Look for any silver lining. Losing a job is easier to accept if you can find the lesson in your loss. What can you learn from the experience? Maybe your job loss and unemployment has given you a chance to reflect on what you want out of life and rethink your career priorities.
If you look, you may be able to find something of value. Exercise is a powerful antidote to stress. As well as relaxing tense muscles and relieving tension in the body, exercise releases powerful endorphins to improve your mood.
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Trimming your waistline and improving your physique may also give your self-confidence a boost. Aim to exercise for 30 minutes or more per day, or break that up into short, minute bursts of activity. A minute walk can raise your spirits for two hours. It is clear that an employer does not, as a reasonable accommodation, have to forgive misconduct because the misconduct resulted from alcoholism. In Flynn v. The risk can only be considered when it poses a significant risk, i. EEOC v. Exxon Corporation.
In EEOC v.
Virginia Workers’ Compensation Frequently Asked Questions
The U. District Court found that the ADA permits an exception to the individualized assessment ordinarily required under the law. In its appeal, the EEOC relied on its Interpretive Guidance to argue that employers must meet the direct threat defense:. Nancy Delogu, counsel to the Institute for a Drug-Free Workplace, said it was important to resolve the issue.
She testified:. Alcoholism and substance abuse are chronic conditions for which the risk of relapse cannot be well. And for certain very, very highly safety-sensitive positions, those which have no. Collins testified:. It certainly is my position based on my experience and the research done within Chevron and at other similar oil companies who have tightly structured employee assistance programs that, in fact, you can return individuals to highly safety-sensitive positions and not expose the company to increased risks of accidents or errors in judgment.
But that is premised on having a rigorous follow-up program [which involves weekly follow-up testing]. The Exxon case suggests that an employer should carefully consider the context in which medical guidelines will be used; i. I think some employers have an overly broad view of what a safety-sensitive position is and have.
And I think that these policies are not substantiated by the scientific evidence and I think are directly counter to the purposes of the ADA. Rothstein referred to the case of Knox County Education Association v. Knox County Board of Education.
In Knox County , the Sixth Circuit upheld the drug testing of school personnel, including principals, teachers, aides, secretaries, and bus drivers, on the ground that because these individuals play a unique role in the lives of children, all the positions were deemed to be safety sensitive, including the people who worked in the office. Rothstein testified:.
That strikes me as not being based on any good facts or any good policy. Rothstein has said with regard to the issues of employers overly expanding the list of safety-sensitive jobs to which people are rejected from blanketly. An employer may make certain pre-employment, pre-offer inquiries regarding use of alcohol or the illegal use of drugs.
After a conditional offer of employment, an employer may ask any question concerning past or present drug or alcohol use as long as it does so for all entering employees in the same job category. An employer may conduct tests to detect illegal use of drugs. Drug tests are not considered medical examinations, and an applicant can be required to take a drug test before a conditional offer of employment has been made.
An employer may refuse to hire an applicant or may discharge or discipline an employee based upon a test result that indicates the illegal use of drugs.
What Are Your Rights When You're Depressed?
The employer may take these actions even if an applicant or employee claims that he or she recently stopped illegally using drugs. Tests for illegal use of drugs also may reveal the presence of lawfully used drugs, i. Nancy Delogu told the Commission:. With drug abuse in the workplace and the number of individuals who are subject to drug testing, anyone who ever has a positive drug test, theoretically, can claim to be perceived as disabled by his or her employer or would-be employer.