Can I fire an employee for use of prescribed Xanax?

The Xanax is prescribed, employee has shown
signs of taking too much at work and was
found passed out outside.

Asked on March 31, 2016 under Employment Labor Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, you can fire them for poor performance at work or for being passed out on work property or for lateness, absenteeism, etc.--in short, you can fire them what they do at work, even if the cause is Xanax; you can't fire simply for having a medical condition requiring it or for using a prescription medicine, but you can for work related problems.

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