If you violate the terms of your signed agreement, your employer has the legal option to fire you. This is especially true in workplaces such as schools and public transportation, where employees who use drugs or alcohol pose an increased risk to themselves and others. The goal of a return to the work agreement is to create a safe working environment for all. It`s understandable that your employer may worry about the legal consequences if you were to use drugs or alcohol in your workplace. However, RWA should also benefit you. It should contain the appropriate arrangements you need to perform your work during convalescence. Of course, there is a lot of planning, evaluation and cooperation that should not be overlooked. Managers, health care providers and staff must cooperate and communicate openly about the plan. Severe health conditions are sometimes unpredictable, so flexibility and acceptance of changes can help staff return successfully. If a staff member`s recovery continues, the plan should be reassessed and adapted based on the employee`s abilities and health status.
In Ostrowski v. Con-way Freight, No. 12-3800, 2013 WL 5814131 (3d Cir. Oct. 30, 2013), the Applicant, a representative of the driver, requested leave to participate in an alcohol rehabilitation program. At the end of the program, the employer asked the Claimant to enter into a return agreement as a condition of returning to work. The agreement prohibited the consumption of alcohol, whether the applicant was on or next to the clock, and warned the applicant that any breach of the agreement could result in termination. After the signing of the return agreement, the complainant reoffended and was terminated. The complainant filed a complaint alleging that his denunciation was contrary to various statues, including the Americans with Disabilities Act („ADA“). == The Third Circle Court of Appeal found that the employer had not discriminated against the applicant on the ground of his disability (alcoholism) when it dismissed him for breach of the return-to-work agreement. The third circle found that the courts of the sixth and eighth circles have ruled that employers do not contravene the ADA by simply entering into return-to-work agreements that subject addicted employees to different standards than other workers. The Tribunal also found that the return-to-work agreement does not prevent alcoholic workers from working for the employer; On the contrary, it prohibited alcoholic workers subject to the agreement from consuming alcohol.
This decision follows other jurisdictions that have ruled that a properly crafted return-to-work agreement offers employers some protection when a drug worker is dismissed for recidivism. Conclusion As courts increasingly maintain properly developed return-to-work agreements, employers should be aware of the complexity of substance abuse and substance abuse issues. Accordingly, before entering into a return-to-work agreement, employers should consult with a lawyer to ensure that the agreement is compatible with state and federal laws. Last month, the directors of the Art Directors Guild also briefed their members on some of the outstanding issues. „There are extremely important details for which the employer must take responsibility: testing, provision of the necessary PPE, secure travel and tracking protocols, provisions for paid sick leave that incentivize not coming to work if sick and symptomatic, everything related to providing a safe working environment. . . .
