Reply To: IS AN EMPLOYER ALLOWED TO FIRE A GAMBLING ADDICT FOR MISCONDUCT?

I follow a simple rule: the difference between will not (misconduct) and cannot (incapacity). An addict (of whatever kind – alcoholic, drugs, sex etc) cannot control their addiction without help. Therefore the employee’s behaviour is indicative of incapacity and should be treated as such. If after rehab the behaviour persists (ie the gambling not the theft) then the employer should convene an incapacity hearing to determine whether there are alternatives to dismissal (transfer the employee to a position where they do not have access to money) or dismiss.