Ee on drugs

lnelson

We have an ee who abandoned a jobsite and did not show to work for 2 days. Upon his returned he spoke to both the VP and myself stating he was taking drugs because he could not deal with his personal and work life at the time. Up to this point we were going to terminate but due to his specific circumstances, of him coming forward and offering to do random testing and going to counseling, we decided to give him one more chance.(I know this is setting a precedence since this is our first time with this issue)

So we tell him to take 2 weeks off to get together and see us on the following Monday. He comes in looking fine no problems, work ethic is great. 2 weeks later we have not received any documentation of counseling. We ask him he tells us he will bring in tomorrow. Another week goes by no documentation.
So we decide upon the conditions set previously to do a random drug test.
Upon his return from testing he informs us of its results prior to the testing company notifying us. We did not respond to his disclosure. Upon receiving the testing company documentation we decided to terminate him.

Sorry for the length but here is my question.
If we did not have a written agreement of the prior altercation stating he agress to all of the above do we have a problem with 1) random testing and 2) termination?

We have a policy for random testing if suspect.

HR in CA

I don't believe you have a problem; your former employee has the problem. We too have given long term employees one 'get out of jail free' chance. They must agree to random testing for the next 24 months and during that time if a random test comes back positive, they are terminated. I have a copy of the agreement ifyou would like to see it.

Balloonman

I think you are fine. In the future get it all in writing, if nothing else makes lawsuits less likely and it is always good to have documentation. It also sounds like you have another present when this all happened so you have someone to verify what agreement was made. I done this for 3 people, two eventually screwed up and got canned, one is still with us and doing great.
With the most recent one, the documentation saved us from paying unemployment. The employee also ended up owing us money for health insurance premiums. This and my other documentation helped us win in court. Next week I slap a lien on his house. :-)
My $0.02 worth.
DJ The Balloonman

E Wart

HR in CA, could you please fax or email me a copy of your random test agreement for 24 months. [email]ewarthen@newcombspring.com[/email] or 770-981-3345. Thanks.
E Wart

Don D

I'm not real sure you should have given him the get out of jail free card when you did. If he broke company rules by not reporting to work and not calling in and upon return, when he knew he was on the way down the hall for discipline for having done those things, I don't think him raising the issue of illegal drug use at that point is the same as him stepping forward, on his own, and requesting help. Sounds like maybe he only opted to come forward as he was on his way to the principal's office. I don't think a person who is precisely at the point of discipline can invoke protection at that time by fessing up. But, since it went as it did, and he promised something in return for retention, and he did not deliver, I would also have terminated him. And I would have insisted on 'proof of enrollment' prior to letting him step foot back in the facility.

Leslie

I had one call in one hour after start of shift on his third day no call/no show saying he had a drinking problem. We still termed, encouraged him to contact the EAP while he still had insurance, and told him to come back and see us if he sought help.