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Have you been drinking OTJ?
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Have you been drinking OTJ?
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
Any advice on the best way to approach a brand new employee who you suspect might have had a few drinks before showing up to work the first day? I am not positive that they did have a drink or two, bu
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Have you been drinking OTJ?

posted at 5/27/2009 6:31 AM EDT
Posts: 2442
First: 2/12/2000
Last: 9/14/2011
"Do you then terminate? Discipline?? What?? By now any alcohol, if there was any to begin with, is out of his system and you have no proof that he ever reported under the influence in the first place. "

The answer is or should be clearly stated in your policy or handbook. Failure to follow policy or procedures related to substance issues will result in .............
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Have you been drinking OTJ?

posted at 5/27/2009 8:58 AM EDT
Posts: 245
First: 2/5/2003
Last: 10/7/2009
I agree that policy should dictate but there seems to be an issue regarding whether or not there MAY be an ADA issue involved, especially if the EE claims a medical condition.

My thought, and policy, dictate that if I smell alcohol (and another member of management agrees) on a person, they are sent in for testing - irregardless of what the EE tells me at that time). They are then sent home for the day pending the results (we take them home - they cannot drive) and if it comes back positive, we apply a "Last Chance" agreement. If they have already received this, they are terminated. If it comes back negative and the EE is claiming a medical condition, discussion and further information is gathered.

My whole point was that you should not go outside of your policy/practice simply because the EE tells you they have some medical condition, or takes some type of medication, that makes them smell of alcohol.
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