Some employees have tried to use the ADA in cases of illegitimate layoffs, with mixed results. That`s why it`s important to talk to a lawyer. Do you know that your employer may not necessarily violate the ADA by entering into a velvet return agreement that adds conditions to your employment after rehabilitation. If your HR representative is reluctant to involve treatment professionals in the agreement, you should defend it. Substance use disorder is a complex disease. A trained physician will understand the recovery trip better than an employer who is not aware of the disease. If you violate the terms of your agreement, your employer has the legal option to fire you. This is particularly the case in work environments such as schools and public transportation, where employees who use drugs or alcohol are at increased risk to themselves and others. Meet with your caregivers as you prepare to reintegrate staff. Express their concerns and ask them to contact your human resources department so you can get the support you need to stick to the restoration.
If the employee is required to miss work to attend the required appointments, missed work time is treated as family and sick leave, sick leave, leave or personal leave, as available and appropriate. A Return to Work Agreement (RWA) is a written agreement that defines your employer`s expectations of your behaviour and the consequences for violating those conditions. This agreement should be taken very seriously, as it may give your employer reason to fire you if you violate it. The conditions of the RWA may vary. Most of them prohibit the use of drugs or alcohol in the workplace. You could even be fired for substance abuse that occurs outside of work if it affects your performance. The worker understands that this is a “last chance” to successfully follow the employer`s drug and non-alcohol employment policy. The employee is aware that failure to comply with this agreement results in immediate termination. This return to work agreement exists between (company name) (employer) and (worker`s name) (worker`s name).
This agreement is necessary because the employee has violated a work rule that could lead to dismissal: (List of work rules violated) To learn more about your rights as part of the agreement, it is best to consult an experienced lawyer. Also talk to your staff representative to make sure you understand what is expected of you. The worker has received a copy of the employer`s drug and non-alcohol employment policy and includes all provisions of the directive. The employee agrees to comply with its provisions. When workers return from treatment because of drug and alcohol problems that have violated the drug and alcohol policy, you should have them sign an agreement that sets out the expectations that affect both the employer and the worker, as well as all the consequences for the violation of the agreement. The goal of a return to working agreement is to create a safe working environment for all. It is understandable that your employer is concerned about the legal consequences if you use drugs or alcohol in the workplace. RWA should also benefit you. It should indicate the appropriate precautions you need to do your job during restoration. While this may seem like a threat to your job, a return-to-work agreement can actually be beneficial for a person who is recovering. It makes you responsible for your sobriety.
However, anyone who is familiar with drug use disorders knows that recidivism is possible, and that is where the agreement can become problematic.