What are my rights regarding being able to work while on medication?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What are my rights regarding being able to work while on medication?
I have worked for the past 18 years at my job. However, I’ve been on disability for the past year and a half to have knee and brain surgery. I am cleared to go back to work but I am still on my pain medication which is a narcotic, so they won’t let me come back as long as I am on it. I have been on this medication for over 10 years now but my employer never knew. Would it be a mistake to tell them I was doing my job while on the medication for the past 10 years with no problem? Why should there be a problem now?
Asked on October 17, 2015 under Employment Labor Law, New Jersey
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The issue isn't whether you previously did the job while on the narcotics the issue is whether it is reasonably plausible that the narcotic could interfere with job performance or, more importantly, could cause you to pose a hazard to yourself, others, or company property. If there is a reasonable risk associated with having an employee on a narcotic, or likely impact on job performance, then they can refuse to let you work employers are not required to shoulder higher risks or accept lowered performance.
On the other hand, if there is no reasonable risk or performance impact, then refusing to let you work may be illegal disability-based discrimination. If you think this is the case, either contact the federal EEOC or your state equal rights agency to file a complaint, or consult with an employment law attorney about possibly bringing a lawsuit.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.