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Use of alcohol/drugs outside of office

AKCAKC 2 Posts
in FMLA/ADA/Workers’ Comp Vote Up0Vote Down
We have employees who are known to abuse alcohol and drugs outside of the office. One has received a DUI and one was arrested on minor drug charges. I can't find anything in the federal or Florida laws prohibiting or allowing us to terminate employees for their behavior outside of work. Both incidents occured after work hours and off our property. Any advice?
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  • LindaSLindaS 1,510 Posts
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    Do you have a drug and alcohol policy which allows for random or "fit for duty" testing? If not, you should develop one. This way you could test an employee who appears to be under the influence of drugs and/or alcohol at the worksite but I don't think there is anything you can do regarding their choice to engage in this type of behavior outside of work. A random drug testing program would probably "catch" the employee who chooses to do drugs but not the one who drinks.

    If these employees were representatives of the company when they were engaging in this behavior, or if they require a "clean" driving record, you could address it from that angle as well.

    If you are an "at will" state you always have that option as well.

    Is this the only reason you want to terminate the employees?
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  • AKCAKC 2 Posts
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    Yes. We found out about these two incidents in the local paper and just do not want to be associated with that sort of behavior. We do have a policy that allows for testing, so maybe that is our best option. Thanks for your advice!
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  • Nick OgdenNick Ogden 43 Posts
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    Sorry for the late input; you may want to use the "reasonable suspicion" right that an employer has available. But, you must be able to document an irregular activity that the employee is exhibiting (fast talk, late for work). It has saved my "bacon" several times.
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