Admitted Drug Use

TLC Shelly

We have an employee who disclosed to one of her supervisors that she has had problems with drug addiction before she started working with us, and is now using again. There have been other issues in the past, but her supervisors have been reluctant to terminate her "because we need her so badly." (Don't get me started.) Now they are finally ready to let her go. There are other grounds to terminate; we're secure on that. But we want to make sure we have the loose ends tied up so are documenting all relevant issues.

Our company has a policy prohiting employees from "possessing, using, or being under the influence of illegal drugs or alcoholic beverages." The policy states that we will drug test with cause and that we may terminate based on the outcome of the drug test. However, it does not state any consequences of admitted drug use, whether on or off the job. (No, of course the policy was neither written nor reviewed by an attorney "because no one's ever tried to challenge it." Don't get me started again!)

My question is two-fold.

1. The sups really want to write her up for using, but don't want to hassle with testing. Can we write her up based solely on her admission?

2. If the employee is in recovery and has a brief relapse, does ADA play into this at all?

As you can tell by this and previous posts, I'm not always in agreement with some of the philosophies of some of the uppity-ups at the company, but I do understand their point of view on this one. I just want to make sure we aren't abusing our ignorance. x;-)

HCCADC

1. My first inclination would be that 'yes you can discipline by her admission'. She admitted it to you, so it isn't as though you are having a trumpt up charge.
2. ADA protects past drug users. It does not protect current users.

We have a policy that states we have the option to ask the ee to go for rehabilitation and if the ee refuses we terminate. (we also have the option to term immediately) If the ee does not successfully complete rehab, we term or if he/she returns to using after completing the rehab, we term. My suggestion to you would be to change your policy to include the repercussions of drug/alcohol use. Also, include that you have the right to use investigative methods (including testing) if suspicion is found.

Cinderella

This is tricky. I don't have a lot of experience with these issues, but it seems to me that it wouldn't make sense to write her up for telling you she a) has had a drug abuse problem in the past (ADA comes into play) and b) has relapsed.

I would write her up if the situation was like this: ee comes in an hour late without calling, supervisor confronts her and ee says she was late because she overslept, ee then reveals that she has started using drugs again after recovering from a previous addiction.

Basically, I think if you have other documented reasons for termination then why isn't she being terminated for THOSE reasons? She kind of has you in a sleeper hold now because she's revealed something covered by the ADA - her previous drug addiction (not her current use). I'm sure other forumites with more experience in this area will chime in, but those are my thoughts.

Pork

TLC KELLY: Current use is not protected by ADA.

What does your policy tell you to do about confessed personal medical issues, is there a written process for Employee Assistance Program? Are you obligated to a referral action for help? FMLA may also apply, the employee has admitted there is a current illness, therefore, take heed and listen to the "right things to do for this human being".

It is a known fact that those addicted to drugs and alcohol will loose their family first and their jobs 2nd before they will tell self, "you have a problem, now get some help"; therefore, your company maybe the angel sent from on high to present this person with the truth. Once faced with the street with no employment and no family reality comes more clearily. From here they begin to crawl out of the ditch and back to life, what ever that may be for this person!!!

PORK

Crout

[font size="1" color="#FF0000"]LAST EDITED ON 04-07-04 AT 02:04PM (CST)[/font][br][br]If the other issues you mentioned are solid and well documented, I would be inclined to stay away from the admitted drug use entirely. Was the admission witnessed, or will it be one person's word against another's? You get the idea.

I just thought of something else.....you quoted the following:

"Our company has a policy prohiting employees from "possessing, using, or being under the influence of illegal drugs or alcoholic beverages."

According to your policy, are your employees prohibitated from engaging in these behaviors altogether or while just at work? I think the distinction is important, and possibly an additional reason for staying away from the issue. If you prohibit using drugs while at WORK and the EE confesses to a supervisor that she uses while at HOME, are you still justified in firing the EE?

System

Since you all test for cause, is she exhibiting unusual behavior, etc., that would signal drug use? If you have enough ammo to term her on other grounds, do it. Our policy states that if an ee tests positive, they sign a "last chance agreement" and go through our EAP for an evaluation. They agree to follow the EAP's recommendations (rehab, therapy, etc.). If they have another positive test ever, they are termed. If they do not follow EAP recommendations, they are termed. Want me to send you a copy of what we have? I wouldn't write her up based on her admission - I would test her for cause and discipline based on your current substance abuse policy.

TLC Shelly

Unfortunately (?) she hasn't exhibited behavior, but apparently has also disclosed her drug use to a client, who reported it to us. I'd love to see what you have. Would you please e-mail to [email]shellyluthitlc@aol.com[/email]? Thanks much.

Balloonman

I would bring her in with 2 management people, get her to admit it again, and send her for a test.............admitting to drug use is reasonable suspicion to me.
My $0.02 worth!
DJ The Balloonman

njjel

I agree with Balloonman - Her admission to you is "reasonable cause". Send her for testing. If she fails, she's gone.

TLC Shelly

Thanks all for your insight. We have decided to terminate based solely on the other issues and leave the drug use alone. As she brought the problem to our attention, we hope she will pursue the help she knows she needs.