Ease of Mind.. Alcohol & ADA

JM in ATL

Let's see if I can make this quick.

Manager hires worker knowing he has drinking problem but tells ee that if he is caught drinking on job he will be fired.

No knowledge of ee seeking treatment for drinking problem.

Ee drank on the job on Friday. I smelled it on him as did one of our clients.

Manager wants to fire him.

I agree we can fire him under misconduct for drinking on the job.

Employee has not asked for help nor stated that he is seeking help.

Anyone think that I am in the wrong here. Any comments will be greatly appreciated.

Thanks!

JM


P.S.- What if ee claims he wasn't drinking on the job. I smelled it on him- but we do not have testing for drugs or alcohol so we didn't have him tested AND I let him drive home in that condition.

P.S.S - Manager wants to fire ee's co-worker b/c he knew of the ee drinking on the job and didn't report it. I disagree and say that we should suspend him for not reporting a work hazard. Any additional comments also appreciated. JM

nohr4u1yr

When you sent the ee home did you ask him if he had been drinking? Do you have a drug policy? If so, the company that does your drug tests can also perform alcohol tests.(you need to set that up with them) Or you can purchase on the spot alcohol tests.

Regarding the employee that didn't snitch on his co-worker - I would not suspend him - that seems a little too harsh. But I also don't know what type of enviroment you all work in.

We had an employee here that tended to get liquired up at work. We did confront him - he stated yes he was drinking - we got him a cab and sent him home - he did go into a alcohol treatment program. He was sober for a while then the power of vodka reeled him back in and once again he was drinking while in the office. We brought him back in asked him if he had been drinking he said no. Then we stated per our policy regarding drugs and alcohol we need to give him an alcohol test. He resigned.

Don D

Most workplace drug/alcohol policies require observation by two supervisors who have been trained in recognition skills. It depends on your company's policy. In hindsight, I would recommend that you should have a minimum of two people, both supervisory if at all practicable, witness, observe or smell.

You're in Georgia, so the worst you'll likely risk by firing him is losing the UI case. You do need a well written policy and training. I don't see how it would hold up to fire or suspend someone who you 'think or feel' was aware that he may have been drinking. Pretty shaky.