US citizens working outside US & drugs
Marcy
4 Posts
Our company Ex. V.P. (and one of the major owners), hired, before a required drug test was completed, a US citizan (female over 40) married to a Salvadoran and living in El Salvador, to an exmept management position to work in and be based out of a company owned facility in El Salvador. This employee's duties will require they work in different countries in Central America, Mexico and the US.
The employee's drug test came back positive. Rather than separate the person, as we have in all past cases, our Ex. V.P. decided to retain the person, but as a probationary employee with no benefits, with an agreement to ramdom drug testing over the next 12 months, and an understanding that if any test that comes back positive she would be separated. The employee advised the EX.V.P. that they know they had a drug program and was in treatment under a doctor's care in El Salvator. This person was hired in the US, records are retined in the US, reports to the EX. V.P. in the US and receives her direction from within the US, and is paid out of the US.
Question, What liabilities, if any, will the company face with this employment? Would this employee be covered in a protected status under ADA if they are activitly under a doctor's care for drugs and living outside the US?
The employee's drug test came back positive. Rather than separate the person, as we have in all past cases, our Ex. V.P. decided to retain the person, but as a probationary employee with no benefits, with an agreement to ramdom drug testing over the next 12 months, and an understanding that if any test that comes back positive she would be separated. The employee advised the EX.V.P. that they know they had a drug program and was in treatment under a doctor's care in El Salvator. This person was hired in the US, records are retined in the US, reports to the EX. V.P. in the US and receives her direction from within the US, and is paid out of the US.
Question, What liabilities, if any, will the company face with this employment? Would this employee be covered in a protected status under ADA if they are activitly under a doctor's care for drugs and living outside the US?
Comments
Based on the precedence you just set, you will hire the person on probation, with no benefits, and do drug testing on a random basis for 12 months.
By the way, I am not certain the no benefits clause works either. That little provision sets you up for quite a few other issues in the benefits arena.
I am sure others with more experience with drug testing situations will provide some good feedback.
Please let us know how this one goes. I for one would like to learn from it.