Colorado Termination Letter - Substance Abuse

State:
Multi-State
Control #:
US-421EM
Format:
Word; 
Rich Text
Instant download

Description

This letter may be used by a company to terminate an employee for use of a controlled substance.

Colorado Termination Letter — Substance Abuse is a legal document used by employers in the state of Colorado when terminating an employee due to substance abuse-related issues. This letter serves as official notification and outlines the reasons for termination and any additional steps that may need to be taken. Keywords: Colorado, Termination Letter, Substance Abuse, employee, legal document, termination, notification. There are different types of Colorado Termination Letters related to substance abuse that may be used depending on the circumstances: 1. Colorado Termination Letter — Substance Abuse Testing Failure: This type of termination letter is used when an employee fails a substance abuse test conducted by the employer. It outlines the policy violation, the failed test results, and the consequences of to the company's substance abuse policy. 2. Colorado Termination Letter — Substance Abuse Policy Violation: This letter is used when an employee is found in violation of the company's substance abuse policy, which may include the possession, use, sale, or distribution of drugs or alcohol within the workplace premises. This letter outlines the specific policy violation, emphasizes the consequences, and notifies the employee of their termination. 3. Colorado Termination Letter — Substandard Performance due to Substance Abuse: This type of termination letter is used when an employee's job performance has been significantly affected due to substance abuse. It explains the tangible negative impact of the employee's substance abuse on their ability to perform their job duties, details previous interventions or discussions on the matter, and announces their termination. 4. Colorado Termination Letter — Rehabilitation Failure after Substance Abuse Assistance: This letter is sent when an employee has received assistance for substance abuse issues through programs or resources provided by the employer, but has failed to successfully complete the rehabilitation process or maintain sobriety in order to continue their employment. It highlights the employee's failure to comply with the rehabilitation program's requirements and presents termination as a consequence. 5. Colorado Termination Letter — Zero Tolerance Substance Abuse: This type of termination letter is used when a company has a zero-tolerance policy towards substance abuse and any violation leads to immediate termination. The letter emphasizes the absolute prohibition of drugs or alcohol in the workplace and states that termination is the inevitable consequence of violating this policy. In conclusion, a Colorado Termination Letter — Substance Abuse is a legal document used by employers in Colorado to officially terminate an employee who has violated the company's substance abuse policy or has demonstrated substandard performance due to substance abuse. The specific type of termination letter used depends on the circumstances and may include failure of substance abuse testing, policy violation, rehabilitation failure, or zero tolerance policy.

How to fill out Colorado Termination Letter - Substance Abuse?

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FAQ

For most privately-owned companies, previous employers may not disclose the results of a drug test on a background check. For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it.

If you suspect an employee of being impaired on the job:Take immediate action to remove the employee from any safety-sensitive work and begin gathering evidence of the incident.If applicable state laws and your employer policy allows, send the employee for a drug or alcohol test.

While it is unlawful for an employer to fire an employee solely because he is an alcoholic, a company may fire a person for unacceptable behavior, such as a safety lapse, violation of company rules or repeated absence, even if the behavior is caused by alcoholism.

Federally, and in most states, a termination letter is not legally required. In some states, currently including Arizona, California, Illinois and New Jersey, written termination notices are required by law. Some of these states have specific templates employers must use for the letter.

In Colorado, as in most states, the employer-employee relationship is generally considered at will. This means the employer can fire or demote the employee for any reason.

Are Substance Use Disorders Considered Disabilities? In short, yes. Diagnosable drug and alcohol addictions, or substance use disorders (SUDs), are considered disabilities under Section 504 of the Rehabilitation Act, the Americans with Disabilities Act (ADA), and Section 1557 of the Affordable Care Act.

Addiction is considered to be a disability and, as such, an employee cannot be fired for being addicted to substances such as drugs or alcohol. In fact, employers are required to accommodate employees who suffer from addiction to the point of undue hardship.

Colorado follows the legal doctrine of "employment-at-will" which provides that in the absence of a contract to the contrary, neither an employer nor an employee is required to give notice or advance notice of termination or resignation.

' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.

You may need to enlist the guidance of a professional to help you with this. In the US, your employer can discipline or fire you if your alcohol or drug use impairs your ability to do your job. However, employers cannot discipline or fire you simply because you tell them you have a substance problem.

More info

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Colorado Termination Letter - Substance Abuse