Human Resource Blog

Substance Abuse and Termination in Michigan

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We are aware of an employee at our Michigan company that we know has been abusing illegal drugs. I am under the impression that we cannot terminate this employee even so. Is this the case?

Yes. Unfortunately, substance abuse is a major issue that costs employers about $100 billion dollars each year. These losses come from under productivity, absenteeism, theft, and insurance costs associated with treating substance abuse. However, substance abuse is considered to be a disability and cannot be terminated thanks to the Americans with Disabilities Act (ADA).

The ADA is in place to ensure that workers with disabilities are treated fairly in the workplace and that they do not get passed over for certain promotions and other work-related benefits. However unfair it seems for the employer, substance abuse is considered to be a very serious medical illness and disability.

When it comes to considering the individual’s value to the company, it is possible that you could have other reasons for firing the employee, such as absenteeism and lost productivity. However, you have to prove that these other reasons are absent from the substance abuse issue. Keep in mind that there are situations where an employee has not come to work for a period of weeks, and the employee has sued the company for wrongful termination. According to the ADA and Family Medical Leave Act (FMLA), if your employee fails to come to work, even for substance abuse issues, it is important that you make every effort to request formal documentation from the employee about his absence, such as a doctor’s note.

When it comes to terminating this employee, you may face a bit of a legal issue and battle because substance abuse issues are never quite as clean as any other termination situation. However, as long as you document the situation and show proof that the employee has been less productive than expected, it is highly likely that you will be able to prove to the courts that the employee’s performance was the reason for terminating him and not the substance abuse (even though one leads to the other).