Louisiana Termination Letter (Substance Abuse)
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How to fill out 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.
Should a company provide a terminated employee with a reason for the termination? Yes. Advising an employee of the reason for the termination is considered a best practice and is required in some states.
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.
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.
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.
Your employer can terminate your employment at any time and without warning. They do not need to have a good or valid reason to let you go, so long as they are not firing you for discriminatory reasons. If your termination is not tied to severe workplace misconduct, you dismissal is considered one without cause.
In Louisiana, you may be fired for any reason, or no reason, unless: 25ba you have a contract of employment for a specific length of time; or 25ba are a union member with a collective-bargaining agreement. However, you cannot be fired for a reason protected by federal or state law.
' " Current illegal drug use is not protected, but recovering addicts are protected under the ADA.
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.
Dear Employee Name, I regret to inform you that your employment with Company Name is terminated effective date. Four weeks of severance pay is being offered in exchange for signing the attached release of claims and returning the signed release to human resources no later than date.
