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Doobie or Not Do-Be?
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Doobie or Not Do-Be?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
It has come to our attention through a reliable source that an employee of ours will light up a joint while on golf outings. Of course, this does not involve working hours or company property and we h
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Forums  »  Topic Forums  »  Legal Forum  »  Doobie or Not Do-Be?

Doobie or Not Do-Be?

posted at 7/19/1999 12:09 AM EDT
Posts: 30
First: 6/28/1999
Last: 11/3/2004
It has come to our attention through a reliable source that an employee of ours will light up a joint while on golf outings. Of course, this does not involve working hours or company property and we have no performance problems with this employee. We have no random drug testing procedures in place. How should we handle this?? Should we refer the employee to our EAP or look the other way? Or simply avoid the golf course when s/he's driving on the fairway?

Doobie or Not Do-Be?

posted at 7/19/1999 1:31 AM EDT
Posts: 833
First: 6/11/1999
Last: 8/23/2001
If the golf-outing is company-sponsored, you could be on the hook. Investigate it as you would investigate the same report of use of the substance on company property or, more similarly, at a function like the company-picnic. If the outing is not company-related, but the employee is hi-profile and can be viewed as representative of your organization whose behavior could hurt your company's reputation, I'd suggest you may want to approach the individual with how their behavior on the "outside" has inside ramifications.

Referrals to EAP in some cases have been tied to defamation ("are you calling me a drug addict?") or are enough to prove that the employee is being regarded by the company as having a disability.
Unless you're sure there's something there that affects performance or the ability to perform, IMHO you're safest to leave that alone.

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