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Hangover at work
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Hangover at work
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We have an employee that regularly shows up to work hungover. He just says that he is sick, and there is no way for me to prove that he is hung over. Sometimes you can smell it on him. We are a small
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Forums » Topic Forums » Legal Forum » Hangover at work
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Hangover at work
posted at 9/12/2011 10:42 AM EDT
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Posts: 4
First: 9/12/2011 Last: 9/12/2011 |
We have an employee that regularly shows up to work hungover. He just says that he is sick, and there is no way for me to prove that he is hung over. Sometimes you can smell it on him. We are a small company and I am his supervisor, we do not have an HR person. What can I do? What should I do? |
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Hangover at work
posted at 9/12/2011 10:53 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Need some details
1. Please advise what this person's role is and if they operate any machinery etc. Assuming that he does not, being hungover per se does not mean he is breaking any law. More than likely you are dealing with an alcoholic. I am a little rusty on my ADA rules regarding alcoholism but I am certian my fellow posters will cover it. My vague memory is that there is no protection if you test and find them over an acceptable limit but that there is job protection if they come to you first. 2. How many employees does the company have? This may determine if the company is covered by ADA. 3. Do you have a drug and alcohol policy that covers this? If yes what does it say? 4. How is his performance? Is he doing all his key duties at a satisfactory level? Has there been any meaningful deterioration of performance? |
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Hangover at work
posted at 9/12/2011 11:25 AM EDT
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Posts: 4
First: 9/12/2011 Last: 9/12/2011 |
Thank you for the response.
To answer your questions. 1. This person is our lead/only installer. He uses some machinery. Power saws, portable saws, and he drives the company truck. (Box Van) 2. The company has 10 employees. 3. Our employee handbook says that the company will not tolerate the use of possession of alcohol or illegal drugs on the job or company property. Employees using or possession of alcohol or illegal drugs on company property or while at work or who report to work under the influence of alcohol or illegal drugs will be subject to disciplinary action, up to and including discharge. 4. His performance is effected. His key duties are completed, but not at a satisfactory level. His performance isn't what it is when he is not hungover. A big part of his job is customer service. Just this morning he was on a job and threw up in front of the customers business in the parking lot. I know that isn't against the law, but it also isn't a great impression to leave of our company. |
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Hangover at work
posted at 9/12/2011 11:52 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
The power tools you mentioned would make this a "safety sensitive" position IMHO. Thus you must take action. How do you determine that someone has reported to work "under the influence"? Do you have a medical clinic you use for pre employment physicals? Perhaps you can work with them to set up a drugand alcohol screening process. Have the company ever had to deal with this before? If not you need to establish your process and standards immediately so you know how to proceed. Basically one day when he reports to work he is told that he must provide an immediate urine sample that will then be tested. He goes home, with pay until you have the test results and then take action based on the results. If it indicates he had more than the legal driving limit (or whatever is the appropriate standard) he should be immediately terminated If this is going to take you some time to set up the logistics for this test you should also immediately sit him down and have a performance review. During this meeting you advise him of exactly where his performance is not meeting your expectations, what you exactly you expectations are and what will demonstrate improvement. You also set up weekly meetings to review the progress or lack there of. This should go on for no more that 3-4 weeks during which time you document the improvements or lack there of. If the performance is not satisfactory to you into termination mode.............. |
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Hangover at work
posted at 9/12/2011 12:09 PM EDT
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Posts: 4
First: 9/12/2011 Last: 9/12/2011 |
I have already sent him home today because I felt it was a safety issue.
I did not determine or accuse him for being under the influence. I just know he is sick, and did not even mention to him that I thought he had a hangover. I've been with the company for 5 years and this exact situation with this employee has happened on multiple occasions. There has not been any significant action taken. He has been written up for not showing up for work and not calling in to work. Thank you for the information. I think what you have suggested is what needs to happen. Being the small company that we are I have to present it to the owner to see if he will let me put something like this into effect. |
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Hangover at work
posted at 9/12/2011 12:26 PM EDT
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Posts: 544
First: 9/27/2004 Last: 9/13/2011 |
I had a similar problem with a former employee, he would come to work badly hungover and denied he had a problem.
We sent him for a drug and alcohol test one morning because we smelled alcohol on his breath and he was found to be legally drunk. He was given a choice beteen termination and rehab. He went into rehab and did very well for awhile, he was sober for more than a year, until he relapsed and ended up being convicted of a felony. It was hard, but in the end we knew that we had done all we could do to help him. |
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Hangover at work
posted at 9/12/2011 2:25 PM EDT
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Posts: 4
First: 9/12/2011 Last: 9/12/2011 |
howard7, Thank you again for all the help. The scenario you described of having the employee tested when he reports to work. Does this require that we have a plan/program in place and have a meeting to make all employees aware of the new program?
Thanks again |
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Hangover at work
posted at 9/13/2011 2:34 AM EDT
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Posts: 32
First: 1/31/2011 Last: 9/13/2011 |
Hi: Seems like this could also be dealt with very expeditiously as simply a performance issue, rather than a sobriety matter. Also, note that 10 employees doesn't reach the threshold for ADA protections--however, it would be prudent to check when state disability protections become relevant.
Dave Arnold, Ph.D., J.D. |
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Hangover at work
posted at 9/13/2011 4:14 AM EDT
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Posts: 2442
First: 2/12/2000 Last: 9/14/2011 |
Dave
1. It is great to have you monitoring this thread to make sure we do not go off the rails. 2. I had the same thought re company size in my first post on this. 3. Performance issues dealt with expeditiously? That assumes a process in place to deal with poor performance. May not exist in company this size. |
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Re: Hangover at work
posted at 9/20/2011 1:26 PM EDT
on Workforce Management
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Posts: 215
First: 9/20/2011 Last: 5/14/2013 |
""Having him tested at a facility is difficult as most don't do alcohol testing and by the time someone drives him to a facility and he gets tested, his level will have dropped to a normal range"" 1. Should not be difficult if this where your pre employment exams are done. All of this should be thought through and discussed ahead of time with the testing facility before someone is tested. A member of HR should stay with the person and escort them to the test if necessary. If the person declines then that is yoiur grounds for termination. Make sure your policy reads this way. 2. Alcohol remains in the body for at least 6 hours. 3. Always better to do a hair sample test. More costly but more accurate and for this you need accuracy since the position is likely at risk. |
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