Employee Engagement

Refering employees to an Employee Assistance Plan (EAP) must be done carefully. If, for example, you suggest that the employee may be suffering from alcohol or emotional problems, and later terminate the employee, the employee could sue under the Americans with Disabilities Act (ADA). On the other hand, ignoring erratic employee behavior could leave an employer liable for negligence if the employee causes harm.

The following is a list of Do's and Don'ts regarding EAP referals:

Do's	Don'ts
Focus on job performance (e.g. attendance, complaints about work behavior, quantity or quality of work output)	Don't diagnose or jump to conclusions
Remind all employees that EAP resources are available for addressing a wide range workplace issues	Supervisors should avoid the temptation to become confidants, counselors, or social workers. They are not trained for this, they are mixing roles which can be confusing to employees, and the EAP better trained for this.
Use the word "assistance"	Don't use the words "counseling" or "therapy"

Forcing the use of an EAP or making it a condition of continued employment for a particular employee is risky, as it seems to imply the perception of disability, thereby giving the employee ADA protection. As an alternative, if you require that every employee on disciplinary action has to see an EAP counselor, then it's unlikely to be construed as evidence of a perception of disability.

Providing an employee with an EAP brochure, advising them that an EAP can provide assistance for wide range of work related situations, and inviting them to consider using the service, is a reasonably safe route.