Can I Be Terminated for Checking Myself Into a Drug Treatment Program?
Question by : Can I be terminated for checking myself into a drug treatment program?
I live in Missouri and voluntarily checked myself into a drug treatment center. I was never accused of using drugs or alcohol while on the job and I passed all UA’s they gave me. Now they are saying that they can terminate me because of their “zero tolerance” policy. Can they legally do this?
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Answer by OGRE!!!
i’m pretty sure that’s illegal.
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If you live in a “at will” state yea. That means you work at will. They can fire you for something that is not legally protected.
It depends on what the written company policy states. If it states that there is a “zero tolerance” policy, they could very well terminate you. Even though you passed your UAs, you still are admitting to using drugs by checking yourself into treatment (even though that was the smart thing for you to do, and you deserve to be given credit for that).
Good luck.
Missouri is an employment at will state. This means that unless you are part of a union or have an employment contract, they can fire you for any reason, or no reason at all.
By checking yourself into a drug treatment program, you have as much as publicly admitted that you have a drug problem, so whether or not you passed previous drug tests is now irrelevant. Those with drug problems are not a protected class under the EEOC, so you can certainly be let go.
uh…did you go in for a vacation?
It’s pertty much an admission of guilt.
Mzou has at will employment. If they can fire you is not the question (they can). Will you be elligible for U/e when they do?
I’m betting no,
Yes they can terminate your employment due to you are a “At Will” employee. Most states have this “at will” clause where they can terminate your employment for any reason but not regarding any acts that is a violation of your civil rights (i.e discrimination, retaliation, etc.) Seems your drug issue is a personal problem that is causing you missed time from work…..Advise your employer that you wish to sign up for FLMA (Family Medical Leave Act) due to your medical issues and have a doctors approval that you need assistance. This should cover you for a few weeks. Good luck!