Can I Get Fired For Going To Drug Detox?

Many people who struggle with substance use disorder (SUD) will not seek addiction treatment because they worry about losing their jobs.

Unfortunately, this fear is based in reality.

There are very few safeguards that protect an employee from being fired for going to detox. Even the protections that exist include major loopholes. Additionally, policies like at-will employment pose a problem.

So, can you get fired for going to detox?

"Can I get fired for going to drug detox?" is a question many have asked before starting treatment.

ADA Protections and Exceptions

The Americans with Disabilities Act (ADA) provides legal protections for people living with disabilities in the United States. Employers cannot discriminate against people with SUD if the person abuses a legal substance like alcohol, nicotine, Benadryl, or dextromethorphan (cough medicine). It does not allow discrimination against people in recovery from illicit drug addictions. 

Protections include limitations, though. ADA coverage excludes people who abuse illicit substances listed in the Controlled Substances Act. A person cannot claim ADA protection if they use substances like opioids, cannabis, or methamphetamines. It also excludes people who abuse prescription medications. Individuals do not qualify if they abuse benzodiazepines (a class of drugs used to treat conditions like anxiety, insomnia, and seizures).

With all these limitations, employers can fire employees seeking treatment for these excluded categories.

The Collings v. Longview Fibre Co. Precedent

The 1995 Collings v. Longview Fibre Co. court case supports that active detox, rehab, or treatment does not protect employees from being considered “current users” of illicit drugs. This case sought to answer the question: Can a company fire a person seeking treatment for illicit substances? After an internal investigation, the Longview Fibre Company fired seventeen employees for drug misconduct on the job premises. 

Eight plaintiffs filed an action under the ADA, claiming they were fired for their drug addiction disabilities. Of the eight plaintiffs, seven actively or previously sought out treatment. Unfortunately, their history of rehab could not protect them. Despite expert testimony from a drug rehabilitation counselor and a psychiatrist confirming their SUD diagnoses, the courts sided with Longview Fibre Company.  

This case set a precedent that harms people who want to seek treatment. If a person has previously gone through detox and rehab for illicit substance addiction, this may not be enough to save them from termination. 

Legal Loopholes

Additionally, the ADA leaves room for employers to fire protected citizens. An employer can dismiss disabled employees if they cannot perform the job duties with or without accommodations. They must meet the same standard of work as other employees.

This situation creates a sort of Catch-22. A person must prove they are impaired enough to be considered disabled. If they do not, they can be dismissed for requesting time off from work. An employer can use the proof of severe impairment to justify firing a person. They can point to this as evidence that the person cannot perform their job duties.

Either way, the employee ends up jobless.

This creates a legally messy situation. The employer technically has grounds to dismiss the employee; however, the employee can try to fight the dismissal. Who is right in these court cases falls to the decision of a judge and/or jury. There is little consistency in these cases, and it is expensive for everyone.

At-Will Employment States

As of 2022, Montana is the only state in the United States that does not enforce at-will employment. Every other state allows employers to hire and fire individuals without any notice or reason unless stated otherwise in a contract. A few notable exceptions to at-will employment are federal employees and people in unions. 

While dismissing an employee for their disability is still illegal, at-will employment makes it a lot easier to get around that law. An employer may fire an employee without giving any explanation. If an individual believes they have been dismissed on the grounds of disability, they can file a complaint with the Equal Employment Opportunity Commission (EEOC). Unfortunately, the burden of proof is on the claimant. They must prove the employer fired them unjustly. Even then, they are not guaranteed their job back because of at-will hiring.

Compassionate Employers

Despite the disadvantages of the system, not all companies subscribe to the idea that employees are expendable. Companies may show dedication and appreciation to their employees. More and more employers understand that SUD is a treatable illness. They are willing to work with employees who want to pursue a substance-free life and may offer time off for detox and rehab. They may also encourage AA or NA attendance, or even ask the employee what support they need in the workplace.

These employers typically understand that happy, supported employees perform better.

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