Kevin Marshall
January 11, 2023
My message today is for employees and gig workers who suspect or realize they have a problem with gambling. Know this: You have rights, which grant you some protection from your employer. And you also have responsibilities to fulfill, which grant you some protection from your addiction.
I will speak of the hard stuff first: Responsibilities. There are 3 of these: To be honest about the problem; to expand your vision beyond your problem; and to take action to address the problem and fulfill your vision.
Honesty is about recognizing that a problem exists - and naming that problem clearly and precisely. That means calling it what it is: It is gambling (not “gaming”); and it is an addiction - which, in layman’s terms, means an overwhelming compulsion to do what, down deep, you know you should not do.
Consider the past few days: Have you planned your day around gambling? Did it consume much of your time and thoughts? If so, you would be fully justified in concluding that you have a gambling addiction.1
There is hope beyond the gambling. Expand your horizon in all directions. Look beyond the very small world to which your addiction has confined you. What do you see? The beauty of nature? The love of God? The kindness of true friends and family members? Embrace this beauty that you see and experience. And make it reciprocal: Love as you are loved.
By expanding your vision, you have begun the crucial steps to address the underlying problem. Look for further help from 3 groups: First, your family and friends; second, health practitioners such as counsellors, therapists or addiction specialists; and third, God. Involve all 3, not 1 or 2: Addiction impacts all aspects of your life - your psychological, mental, physical, financial and spiritual health. Therefore, address all aspects of your health.
Friends and family: You are asking a lot from them. Expect that they will draw boundaries that you need to respect. After all, your addiction hurts them, too.
Some friends or family will not be up to the challenge. Let them go. But others will stand by you. Rely on them. Be sure to express your deep appreciation that they are there for you in your time of need; show them you are serious about addressing your addiction. Be sensitive to those helping you and listen to them respectfully as best you are able. After all, if the roles are reversed, you have earned the privilege to be there for them.
Health practitioners: Like family and friends, some will be better than others. Find qualified practitioners who speak the truth, but do so with kindness and compassion.
How will these professionals be paid? Make full use of any benefits available to you, such as an Employee Assistance Program. In some instances, you may need to pay out of pocket and use those medical expense receipts on your income tax return. Could you use the money that would otherwise go to gambling to pay for their services? If so, it may well be a wise investment.
God: Like alcohol and other addictions, gambling addiction has a spiritual component. Indeed, ask yourself honestly: Have you been able to permanently overcome this problem through your own strength, alone or with the help of others? If not, you would be wise to reach out to God; do so with honesty and openness, rather than cynicism or brilliant words. If God is a loving God, as I believe He is, He will meet you where you are, even at your lowest point, and raise you to where you can be.
Let me speak now of your legal rights as a worker with a gambling addiction.
First the bad news: There is a duty of care on gambling establishments, lottery sellers and the gambling regulator. But don’t count on it. The government is itself heavily dependent on - one could say addicted to - gambling revenues. Its efforts, and those of the regulator, to assist problem gamblers are often half-hearted; and they are very much at odds with the primary goal: to make money. Therefore, only the strongest claims will be successful against gambling establishments and the gambling regulator.
The good news: Your gambling addiction is considered to be a disability. Therefore, you cannot be fired or otherwise sanctioned because you have a gambling addiction per se.
By law, your employer needs to accommodate your disability. While this can take many forms, it requires honesty and action on your part. Talk to your employer about your problems as best you are able; insist that this be kept strictly confidential.
If you don’t feel able to talk to your employer, talk to a trusted doctor or counsellor and ask that they contact your employer. This will put the ball in the employer’s court to take steps to accommodate your disability.
The accommodation you will receive must be clear and viable. Insist that it be offered in writing and include your input.
Once an agreement has been reached with your employer regarding accommodation, you must do your part. By doing so, by law you cannot lose your job or be otherwise punished. While performing your work-related duties, you can thus focus on healing from your addiction. Be sure to do that with the help of God, friends and family, and kind and compassionate health practitioners.
Please don’t sign key employment documents like contracts and amendments to employment agreements without having a lawyer review it first. When you need my help, you are welcome to call or email me. I wish you the very best as you pursue this journey to recovery and better health.
1 Consult with a trained professional, such as a doctor or addiction specialist, to clearly identify the medical condition, if any.
