Alcoholism in the Workplace: Misconduct or Incapacity?
With an increase in substance abuse cases in the workplace, employers are faced with the challenge of how to deal with it, and whether it should be classed as misconduct or incapacity.
By Bradley Workman-Davies, Director, Nasheetah Smith, Senior Associate & Isabella Keeves, Candidate Attorney, Werksmans Attorneys, one of the key challenges is the increase in substance dependence by employees and its effect on the workplace.
The critical question is whether an employer should treat such issues as misconduct or incapacity. Using prohibited substances in the workplace would generally be considered misconduct. However, where an employee is dependent on a prohibited substance, an employer must treat this as a medical condition which requires special consideration.
Substance dependency is a serious matter that can impact every aspect of a person's life.
One such area where substance dependency can create a host of consequences is that of a person's career.
Author's summary: Substance abuse in the workplace poses challenges for employers.
- Substance dependence by employees is on the rise.
- Employers must decide whether to treat substance abuse as misconduct or incapacity.
- Substance dependency is a medical condition requiring special consideration.
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