what kind of lawyer handle drug related at the workplace

by Dr. Elva Greenholt 4 min read

Whether you are an employer needing assistance in complying with workplace substance abuse laws, or you are being accused of workplace substance abuse, you should consult with an experienced and local wrongful termination attorney.

Sometimes substance abuse treatments don't work, and these people find themselves facing drug crime charges. If you suffer from addiction or substance abuse and have been arrested for a drug offense, an experience drug crimes attorney can help.

Full Answer

Why hire a drug crimes attorney near me?

Drug-free workplace initiatives are intended to protect employers and employees from workplace substance abuse, which will be further discussed below. The Drug-Free Workplace Act of 1988 establishes employer guidelines associated with maintaining a drug-free workplace environment. Under this Act, employees are subject to drug testing, and must ...

Are lawyers addicted to prescription drugs?

Sometimes substance abuse treatments don't work, and these people find themselves facing drug crime charges. If you suffer from addiction or substance abuse and have been arrested for a drug offense, an experience drug crimes attorney can help. Use FindLaw to hire a local drug crimes attorney near you to help prevent a multi-year jail sentence.

Should employers be concerned about drug use at work?

Drug use and distribution is often related to other crimes and legal issues such as theft or violent crime. You may need to hire a drug lawyer in your area if you have any legal issues, questions, or concerns regarding drug addiction. Drug addiction in itself is a serious issue, but it can also compound certain types of criminal and legal issues.

Do lawyers use drugs to lose weight?

Drug Recalls -Toxic tort attorneys also handle cases for clients who have suffered injuries or illnesses as the result of a medication that was recalled. Toxic Mold -Toxic tort lawyers also handle cases in which clients were exposed to toxic mold, resulting in illness or injury which can even be life-threatening.

image

What do you do if you find drugs at work?

If drugs are found at your place of business or identified on an employee, law enforcement should be contacted to prevent potential liability issues, since the illegal substances are at a place of work.

Can you fire an employee for drug use?

While employers are free to terminate and can refuse to hire anyone whose alcohol or drug use impairs their ability to perform the duties of their job, employers cannot fire or take other negative employment actions against an employee because of their status as an alcoholic or drug addict. California and federal laws ...Apr 30, 2017

Can you report drug use to OSHA?

Under the new rule, post-accident drug-testing is okay only if there is an “objectively reasonable basis.” According to OSHA, this can include situations where employee drug use is likely to have contributed to the incident, and/or when the drug test can accurately identify impairment caused by drug use.Feb 6, 2018

What would you do if you suspected a colleague were abusing drugs?

If you suspect that a co-worker has a substance abuse problem, do not try to diagnose the problem.
...
Advice for Colleagues
  1. Document incidents and record time and dates.
  2. Go to your supervisor.
  3. Consult your human resources department for guidance.
May 28, 2021

How do you confront an employee about drugs?

You suspect an employee is using drugs: What now?
  1. Look for the signs. Neither you nor your managers are likely experts at determining when an employee is using drugs. ...
  2. Document, document, document. ...
  3. Get professional advice. ...
  4. Approach the person, but not as an enforcer. ...
  5. Present the plan and do what you can to implement it.
Mar 2, 2013

How do I dispute a positive drug test?

4 Ways to Dispute a False Positive Drug Test While On Probation
  1. Ask for a repeat test as soon as possible. ...
  2. Reveal the substances you have been taking that might have caused inaccurate result. ...
  3. Request a more advanced method of testing for verification. ...
  4. Get assistance from your union or a private attorney.
Feb 6, 2021

Can my former employer say I was fired for failing a drug test?

For most privately-owned companies, previous employers may not disclose the results of a drug test on a background check. For most workers in the United States, their employer will never disclose a failed drug test. However, many government positions require this information and are permitted to seek it.Dec 15, 2021

What is a blanket drug test?

Blanket testing, where all employees within an organisation are tested in one single event. 'For cause' or targeted testing, if an employer has reasonable suspicion that a worker is under the influence of drugs or alcohol.

Do DoD civilians get drug tested?

DoD Components will conduct random tests of civilians in TDPs in a number that equals 100 50 percent of the full-time equivalents in the random testing pool over a 2 year period annually. DoD Components will conduct mandatory drug testing for all DoD civilian TDP applicants.Jun 28, 2018

Should you report a coworker for drug use?

Drug or alcohol use in the workplace is a serious offense that should be addressed immediately.

What to do if an employee is high at work?

If you suspect an employee is under the influence at work, here are a few steps you can take:
  1. Know the Laws. ...
  2. Avoid Making Accusations. ...
  3. Refer to Your Company Policy. ...
  4. Be Prepared to Make Accommodations if Necessary. ...
  5. Common Signs of Employee Alcohol or Drug Use. ...
  6. Employee Drug and Alcohol Testing in Renton, WA.
May 7, 2019

Can I ask an employee what medications they are taking?

Under the ADA, an employer may ask a current employee about prescription medicine only when it's job-related and consistent with business necessity. That means you may not ask all employees to disclose any medications they take.Aug 23, 2018

Who is Jose from LegalMatch?

Jose (Jay) is a Senior Staff writer and team Editor for LegalMatch. He has been with LegalMatch since March of 2010. He contributes to the law library section of the company website by writing on a wide range of legal topics.

Is drug addiction a serious issue?

Drug addiction in itself is a serious issue, but it can also compound certain types of criminal and legal issues. Your attorney can inform you of your legal options, and can also provide you with representation if you need to attend trial in court. Post Your Case - Get Answers from Multiple Criminal Defense Lawyers.

How to test for a drug?

Even if you have strong reasons for testing, your company can still get into legal trouble over the way the test is administered and interpreted. To be safe, employers should: 1 use a lab that is certified by the U.S. Department of Health and Human Services or an equivalent state agency 2 consult with a lawyer in developing testing policy and procedures 3 use a testing format that respects the privacy and dignity of each employee 4 have a written policy in place about drug use in the workplace (including a discussion of the disciplinary steps the company will take and under what circumstances) and testing procedures (including when the test will be given, how the test will be administered, and what substances -- at what levels -- the test will detect) 5 require employees to read the drug and alcohol policy and testing policy and sign an acknowledgment that they have done so 6 for every drug test administered, document why it was necessary and how the test was performed 7 keep the test results confidential, and 8 be consistent in how the company deals with workers who test positive.

What are the problems that can occur when an employee abuses alcohol?

These problems can include diminished job performance, lowered productivity, absenteeism, tardiness, high turnover, and increased medical and workers' compensation bills. Employees who abuse drugs and alcohol can also make a workplace more volatile and more dangerous, and they can expose employers to legal liability.

Can you drink alcohol at work?

Alcohol Use at Work. Your company's employee handbook (or its verbally announced workplace policies) should state that drinking on the job is not allowed. If you catch an employee actually using alcohol at work, you can deal with it through your company's standard disciplinary procedures.

Can you drink on the job?

Your company's employee handbook (or its verbally announced workplace policies) should state that drinking on the job is not allowed. If you catch an employee actually using alcohol at work, you can deal with it through your company's standard disciplinary procedures. Depending on the circumstances and on your company's policies, the punishment can range from an oral reminder to immediate termination.

What is the ADA?

The federal Americans with Disabilities Act (ADA) and many state disability rights laws protect alcoholics from workplace discrimination. The ADA doesn't allow employers to make an employment decision based solely on the fact that an employee is an alcoholic.

Can an employer discipline an employee?

An employer can, however, make a decision (including a decision to discipline or terminate an employee) based on the employee's inability to meet the same performance and productivity standards that it imposes on all employees.

What is legal drug use?

Legal Drug Use. Many employees properly use prescribed or over-the-counter drugs, such as sleeping aids, cold medicine, or painkillers. Most employers sensibly believe that this is none of their business, as long as the drugs don't impair the employee's job performance. Things get trickier, however, if legitimate drug use affects an employee's ...

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

What is a real estate lawyer?

Real estate lawyers provide legal guidance for individuals or companies seeking to buy or sell a property. They work with their clients and the real estate agents to draft documents and ensure that the paperwork is legally binding. They may also negotiate for the buyer or seller, or represent a property owner during a foreclosure dispute.

Is a civil litigation lawyer a general lawyer?

Technically, all areas of law already mentioned on this list may also be considered civil litigation cases. This is why a civil litigation lawyer is regarded as a general lawyer. However, their primary work comprises handling cases involving a breach of contract. While this may seem simple compared to other areas of law, contract disputes can be a tedious process. So, it will pay to hire an excellent civil litigation attorney who can easily spot the finer details of the case.

What is a criminal defense lawyer?

Last but not least, a criminal defense lawyer is skilled in handling all stages of a criminal lawsuit. They provide valuable counsel to their clients from the time they are arrested, through the investigation, charging, arraignment and sentencing. Their work isn't quite done if their clients wish to appeal their case. A good criminal defense attorney knows how to navigate the nuances of the law, which allows them to keep their clients out of prison.

Depression Statistics

Depression has been reported to affect approximately 16 million American adults, which equals about 6.7% of the U.S. population .¹ About half of those diagnosed with depression also struggle with some form of substance abuse. While these numbers are significant, the stats around the issue for lawyers are even more shocking.

Alcohol Addiction Statistics

A recent study conducted by the ABA Commission on Lawyer Assistance Programs and the Hazelden Betty Ford Foundation showed that nearly 21% of lawyers and others in legal professions were considered problem drinkers.³ As more specific questions were relayed to the surveyed participants, that number jumped even higher to over 36% of attorneys struggling with alcohol abuse..

Prescription & Illicit Drug Statistics

Many issues surrounding prescription drug abuse have risen for legal professionals due to the easy access and legality of these substances. Unlike illegal alternatives, prescriptions are obtainable with a note from a doctor.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

Do doctors make mistakes?

Doctors do occasionally make mistakes, and if you’re facing the consequences of a medical mistake such as a medical misdiagnosis or inaccurate treatment, a lawyer who specializes in medical malpractice issues can be particular helpful.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

Why do I need an attorney?

Why might I need a lawyer to handle a employment-related problem? To fully enforce state and federal laws protecting employees against illegal actions by their employers, you will need an attorney in many situations where you have a serious problem with your employer and need to take legal action.

What is employment law?

Employment law is a highly specialized and an ever-changing area of the law with significant gray areas. Retain someone who has represented individual employees, not employers. For more information on potential sources for employment lawyers, see the Workplace Fairness employment attorney directory.

How to find a good lawyer for drug charges?

One of the best ways to look for the best lawyer for drug charges is by asking your family and friends for referrals. Make an effort to gather honest feedback from these people on how their respective attorneys handled their drug cases. Doing so can help narrow down your options.

Is it easy to get a drug charge?

Facing a drug charge is never easy, but not having a lawyer on-time to defend you can place you in huge trouble. In such a case, always find someone who can work on your case right away. And, when you set an appointment with your prospective lawyer, see to it that they respond quickly within the day. That way, you can have an idea of how quick and responsive your lawyer is when it comes to fighting your rights in court.

Why is it important to have a strong defense?

That’s why it’s crucial to have a strong defense strategy. For you to achieve that, you need to be working with a criminal defense lawyer. However, not all lawyers are the same in terms of knowledge and skills, which is why hiring the right one who can meet your legal needs is extremely important.

image

Alcohol Use at Work

  • Your company's employee handbook (or its verbally announced workplace policies) should state that drinking on the job is not allowed. If you catch an employee actually using alcohol at work, you can deal with it through your company's standard disciplinary procedures. Depending on the circumstances and on your company's policies, the punishment can range from an oral reminde…
See more on nolo.com

Off-Hours, Off-Site Alcohol Use

  • Many people drink alcohol when not at work. Most employers aren't concerned about an employee's occasional drink -- or even the occasional overindulgence -- as long as it doesn't affect the employee's work performance. But when off-site, off-hours drinking begins to take its toll on the worker's ability to do the job, employers may have reason to take action. Handling a worker …
See more on nolo.com

Legal Drug Use

  • Many employees properly use prescribed or over-the-counter drugs, such as sleeping aids, cold medicine, or painkillers. Most employers sensibly believe that this is none of their business, as long as the drugs don't impair the employee's job performance. Things get trickier, however, if legitimate drug use affects an employee's ability to do the jo...
See more on nolo.com

Illegal Drug Use and Possession

  • If an employee is under the influence of illegal drugs at work, disability rights laws do not limit your company's options. You may deal with that employee through your company's standard disciplinary procedures. If the employee has not created a safety threat and does not hold a highly sensitive position, a written reprimand might be appropriate for a first offense. If the employee e…
See more on nolo.com

Drug Testing Current Employees

  • Drug testing is a dicey legal issue for employers -- and one that should be approached with caution. Drug tests are highly intrusive, yet they can also be invaluable tools for preventing drug-related accidents and safety problems. For more information, see Nolo's article on Testing Employees. The law of drug testing is changing rapidly as more courts rule on employee lawsuit…
See more on nolo.com