Termination for Intoxication
manyhats
9 Posts
Our personnel manual states that circumstances likely to result in termination include on-the-job substance abuse or dealing (drugs or alcohol). EE claims ER cannot terminate him based on on-the-job intoxication because at ER- sponsored events alcoholic beverages are served.
By the way, his on-the-job intoxication was not related in any way to an office party or event at which alcohol was served.
Do any of you know of any case law involving this or a similar quesiton/claim?
By the way, his on-the-job intoxication was not related in any way to an office party or event at which alcohol was served.
Do any of you know of any case law involving this or a similar quesiton/claim?
Comments
Generally speaking, I don't think his argument holds water (or liquor). Our policy also says that on the job intoxication can be grounds for disciplinary action, up to and including termination. I assume you sent him in for a drug/alcohol screen at the time you suspected he was impaired? If so, I think you're on solid ground.
The only merit I could see to his argument is if you conducted office functions, during working hours, at which alcohol was served and other employees became pie-eyed and it was tolerated by management.
We do not terminate on a first offense for Alcohol. We suspend them for 3 weeks without pay, than if they can bring us proof that they have had treatment and are currently sober we reinstate them. They must submit to alcohol testing once a month for the next six months.
We will terminate on a second offense.
Shirley
"To use, or be under the influence of alcohol or illegal controlled substances, at any time, to the extent that an employee’s work performance or fitness for duty is adversely affected is prohibited."
This (in conjunction with the standard prohibitions of manufacture, distribution, dispensing, or possession) covers several avenues. Basically, if an employee shows up not necessarily drunk but with a serious hangover that impairs their ability to perform, they're nailed with this clause. Of course, we can't test under reasonable suspicion (oversight?!), but we can discipline. This also covers the office party situation, because if someone is getting paid to attend, then they can be asked to perform regular duties while there. If they're drunk/stoned, they can't perform, and ...(see the Refrain above).