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 to class it 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 rise in substance dependence among employees and its impact on the workplace.
The critical question is whether an employer should treat substance abuse as misconduct or incapacity. Using prohibited substances in the workplace is generally considered misconduct. However, where an employee is dependent on a prohibited substance, an employer must treat this as a medical condition requiring special consideration.
Substance dependency is a serious matter that can impact every aspect of a person's life.
One area where substance dependency can have significant consequences is a person's career.
Author's summary: Substance abuse in the workplace poses challenges for employers.