Can someone be terminated for gross misconduct for being suspected of being under the influance of alcohol/drugs?
For an employer, to prove such a case is a medical report required? or can the employeee be fired based upon others comments or suspisions.
2006-08-06 01:56:58 · 8 answers · asked by unsure 1 in Politics & Government ➔ Law & Ethics
you can be fired for pretty much anything. its called "employment at will" unless you have a contract with your employer, which I suspect you don't based on the fact you are looking for adive in this place
2006-08-06 02:01:45 · answer #1 · answered by russell_trombone 3 · 0⤊ 0⤋
One can be fired for "gross misconduct" if he/she is PROVED to be under influence of alcohol/drugs or performing duties in a state of inebriation. However, the proof should be substantiative and not based on mere complaints/comments/suspisions. The Employer may put the person on probation and may fire if it is violated. No medical report is required in case the employer has any third party who is ready to testify regarding the status of person.
2006-08-06 02:07:47 · answer #2 · answered by casanova_indica 5 · 0⤊ 0⤋
If an employer has suspicion of someone reporting to work under the influence of alcohol or drugs, their policies may permit the use of random testing. Should those tests come back positive and there are specific policies against this, you will be terminated.
2006-08-06 02:02:27 · answer #3 · answered by tw0cl0n3m3 6 · 0⤊ 0⤋
Barring a contract, most states are "at will" which basically states either party can terminate at any time for any reason, but an employer cannot legally do so for a protected class ie race, religeon, gender etc. There are also conditions, whistleblower, workers comp, FMLA, etc. Some are federal law, some are state, some are local laws.
2006-08-06 02:54:32 · answer #4 · answered by joe916 3 · 0⤊ 0⤋
possibly, yet I doubt it. you do no longer say how long you have been along with your final corporation, yet once you have been victimised, and had to circulate away as a results of this, in different words "picked on", then you certainly might have a case for "?" dismissal. Sorry i've got not got the word i'm searching for fairly than the "?", yet i think of it fairly is constructional In different words, in case you circulate away employment as a results of fault of the corporation, you have rights to benefit reimbursement, and sparkling your record, and as a result get a reference for destiny employment. Please seek for suggestion from a solicitor, as you have extra subjects to debate. Employers have an obligation to verify the well-being and protection of all their workers, and it variety of feels on your case this did no longer take place. would I choose you all of the perfect, and stick up for your self, this is perplexing, yet I actual have faith you will take care of this situation and circulate directly to extra effective issues.
2016-09-28 23:15:40 · answer #5 · answered by ? 4 · 0⤊ 0⤋
a termination for gross misconduct will mean that you will be un able to collect any un-employment insurance so you will have to fight it
for gross misconduct, they will need proof, was there Alcohol on your breath? do they have you on video? what is there proof?
2006-08-06 02:39:56 · answer #6 · answered by goz1111 7 · 0⤊ 0⤋
It depends upon the laws of your state. In my state, you can be fired because the boss doesn't like your tie.
2006-08-06 02:00:50 · answer #7 · answered by 4999_Basque 6 · 0⤊ 0⤋
on the bottom of the application where you signed your name,didn't it say you could be terminated for any reason they see fit? probably
2006-08-06 02:02:32 · answer #8 · answered by b 4 · 0⤊ 0⤋