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Hangover at work
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Hangover at work
Discuss employment-law issues such as family leave, overtime, disabilities law, harassment, immigration and termination.
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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Re: Hangover at work
posted at 9/20/2011 1:28 PM EDT
on Workforce Management
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Posts: 148
First: 9/20/2011 Last: 12/12/2012 |
In Response to Re: Hangover at work: In Response to Hangover at work : 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. Your best alternative is to order the breath tests they can blow into in a supervisors office. They tell immediately, but can be triggered by medication and some candies. Make sure you've established a policy for testing and managing the results...this could be protected health information. The bottom line is what are the results you want to accomplish? Do you want to retain this employee if he changes his behavior, or do you want to terminate him? I had a similar situation several years ago, and we worked with the employee to manage his addiction. He was able to control his addiction and retain his job. This created a win-win situation and improved employee loyality and morale. Posted by IDBlevins For some reason my response to this post was placed on the prior page. Please go there to read the response. |
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Re: Hangover at work
posted at 9/20/2011 4:05 PM EDT
on Workforce Management
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Posts: 2
First: 9/20/2011 Last: 9/6/2012 |
In Response to Hangover at work: 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.............. Posted by howard7 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. Your best alternative is to order the breath tests they can blow into in a supervisors office. They tell immediately, but can be triggered by medication and some candies. Make sure you've established a policy for testing and managing the results...this could be protected health information. The bottom line is what are the results you want to accomplish? Do you want to retain this employee if he changes his behavior, or do you want to terminate him? I had a similar situation several years ago, and we worked with the employee to manage his addiction. He was able to control his addiction and retain his job. This created a win-win situation and improved employee loyality and morale. |





