DUI

We have an employee who was recently arrested for DUI the second time and is under 21 (legal drinking age). Must we hold their position since alcoholism could be an ADA issue?

Comments

  • 19 Comments sorted by Votes Date Added
  • Why conclude he is an alcoholic as opposed to an garden variety drunk? Or did he request an accommodation?
  • Just a conclusion - looking at all the possibilities. No accomodation has been requested at this point in time. I hope she's a garden variety drunk!
  • I apologize - I was in a particularly impertinent mood this AM. What is the ee status? The way you asked the question seemed to imply ee was not working (absent) since you wondered if you had tohold a position open. I generally try to ignore everything except performance(tardies, absence, screw-ups, etc) or just let go because of employment at will.
  • She may be a felon, depending on your state law. I don't think the ADA's mention of alcoholism would trump your policy, if you had one, of not hiring or retaining felons.

    But, the company must make a decision as to whether it wants to dump this young person or perhaps retain her and work with her toward a solution. I suggest that if you do the latter and she turns out to be a producer and addresses her problems (assuming she has some) you will be glad for the rest of your life that you made that decision. The flip side of that is whether you will be glad for the rest of your life that you dumped her.

    We will all be dead soon enough. Why not provide a safety net if she is a productive employee? OK, I toss myself to the mercy of the Forum.
  • Don, I usually agree with most things you say but this one I cannot. "Why not provide a safety net if she is a productive employee?"

    First, if they have been arrested twice AND under age would indicate a pattern beginning. Second, since there has been a second time, the individual obviously does not recognize they have a problem and no amount of "protective environment" will help. It is not until one "feels the pain" that they can be helped.

    To really make a meaningful suggestion, there needs to be more info about this individual.
  • Thanks for your responses. She is back to work with someone driving her here. We'll have to see if there is a conviction and on what charges. It may very well be a felony. Being a long-term care facility, we will have to evaluate it when the time comes.
    Hopefully she's learned a lesson and can continue to work. Thanks again.
  • Yo Don! Are you running a business organization or a rehab facility? You are scaring me. You are starting to sound like a Democrat.
  • ooooh.....them are fightin' words!
  • Aha! I threw myself to the mercy of the Forum, then I went to Cleveland for three days. One evening I spent some time in the Marriot Courtyard cranking down longnecks and tossing tiny pieces of bread into the Koi pond.

    I see that several of you nipped at me, on this thread, like the Koi did the pieces of bread.

    Globex concludes that 'there is a pattern' and concludes that the ee 'does not recognize a problem' and that the ee 'needs to feel the pain'. I assume that means terminate her. But, then Globex says in order to make a 'meaningful suggestion' we need more information. How does one reach all those conclusions and then say they don't have enough information to do just that? (I know, I know....all of our experiences with these sorts of issues lead us to those types of hasty conclusions).

    Then Roi Tan takes me to the woodshed with the admonition that I am a Democrat. She will pay for that! One day! She will pay for that! I would let her slide if she called me a sex offender or a lecherous old fart or the head dunce at the sanitarium.......but, A DEMOCRAT?!!

    My response to the young employee with two DUI's was and is, IF SHE IS A PRODUCTIVE EMPLOYEE, she might be retained. It's a gamble, a risk, a chance we might take just as we would have to decide if any other productive employee in any other circumstance would be worth a roll of the dice. But we should not let our emotions and judgements and personal moral values cloud or drive our thoughts. She may turn out to be the company's best employee, long term. None of us should terminate for non-job-related behaviors which do not affect performance or impact the company.

    A question I have for you is: What if her stressors drove her to repetitive binge eating and obesity, or binge purging and anexoria instead of binge drinking, assuming that was the case?
  • I had to make a list of things I'd rather do than be a Democrat. Number six was 'spend a week in Cleveland'. I'm working through my list.
  • Hey Don - I'm really enjoying this bantering from my one simple question. I'm new to the forum and I must say it's been entertaining. I'll have to visit more often. Can't wait to see the remaining list of what's worse then being a democrat.
  • [font size="1" color="#FF0000"]LAST EDITED ON 09-27-04 AT 01:22PM (CST)[/font][br][br]The fact that she is being driven to work indicates to me that her license was taken away, which is usually the case when one 'blows' DUI. Her attorney, though, can very simply have a judge reinstate it with a paper document that is good until conviction, at which point she gives it up for a period of time determined by your state law. Even if that happens, I would weigh that against her job duties and what impact not having a license might have, if any. She is hopefully on the road to learning a tough life-lesson. What would it benefit her or the company to terminate her employment?

    PS: Number 7 on the list involves a proctologist and number 4 is loosely related to stilettos and silk. But, that wasn't your question.
  • Let me see if I understand the "list". These are supposed to be the 10 things worse than being a Dem, right?

    And you included as #4 stilettos and silk? Hmmmmm, how loosely related?
  • Ritaanz, We're hijacking!

    No, the proposition that was before me was to "List 10 things you would RATHER do than be a Democrat", not 10 things worse than being one. As if a Genie would snap a finger and make me be a Democrat if I did not go through my list. Cleveland was just one thing I had to do. Yes, the stilettos and silk is another. See, I'll do most anything rather than the 'D' word. Most anything. I do have my limits.
  • How ironic that this thread started about a DUI and ended with a slap on Democrats when the current Prez is the first to enter office with an arrest record....you guessed it...a DUI.
  • But, when the conversation turned to genies, stillettos and silk scarves, we began to move toward one of our presidents who also has a record, of sorts, arguably much more damning than a 36 year old DUI record. One might wonder though; would you rather have a record of a youthful DUI or a record of having been impeached by the congress of the United States?
  • Not having an arrest record myself I'm not sure, nevertheless, the guy was in his 30's with a family...it hardly qualifies as a "youthful transgression." And it's illogical for the sins of one man to serve as an apology for the crime of another.
  • Maybe we should change the subject! It's getting a little tense in here.
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