Employee under the influence

[bart730]

What is the name of your state?What is the name of your state? California

We had an employee who returned from lunch in an "altered" state. According to our branch manager, she had slurred speech, was dropping files, etc. The manager did not confront her.

We do not have a specific drug and alcohol policy that states we can send someone to a lab for testing in the event we suspect they are under the influence. We just have a statement that employees should not come to work under the influence. If they do, then they are subject to disciplinary action.

How should approach the situation in the future? Can we still send them for testing without a specific policy? Can we send them home? With or without pay? Should we offer to give them a ride? What if they refuse?

Also, our branch manager has not yet addressed this with her. He wanted to wait until the next day. What can he tell her at his time?

I'd appreciate all thoughts and comments.

 

[Beth3]

Why would he wait until the next day???? When you have an employee who appears "unfit for duty," regardless of the reason, it needs to be addressed immediately.

Since you don't have a drug/alcohol testing policy, what you do is address the behavior without diagnosing the problem. I suggest this manager speak to the employee immediately, inform her of the behavior he observed, and ask her for an explanation. It's always advisable to speak to an employee before deciding what, if any, disciplinary action to take. Just don't get scammed. If you still believe she was under the influence of something she shouldn't be, then my suggestion would be to issue her a final disciplinary action which makes it clear she will be discharged if this behavior is ever seen again.

How should approach the situation in the future? Just as I've explained above. It would be a very good idea to implement a drug and alcohol testing policy however.

Can we still send them for testing without a specific policy? Probably but since I'm not an expert on CA reg's, I can't tell you for certain.

Can we send them home? Absolutely.

With or without pay? If an hourly employee, without pay. If it's an exempt employee, you still need to comply with the FLSA regarding their compensation.

Should we offer to give them a ride? That's up to you. What you don't want to do is have an employee you suspect may be drunk or high behind the wheel of a car. If you or the manager wishes to give this employee a ride home, be sure to take another employee with you just so there's a third person in the car. Option B would be to have the employee call a family member or friend to pick him or her up. Option C would be to call a taxi. If the employee insists upon driving him or herself home (you may not physically restrain them), then you call the police department immediately and give them the employee's name, description of the car, their license plate number, and the direction in which they were headed. If you didn't report the employee as a suspected drunk driver and a tragedy occurred, you'd never forgive yourself.

What if they refuse? Refuse what? To leave work? How would you treat any other employee who was grossly insubordinate? That's typically an automatic termination.

You would be well served to do some research and implement a drug and alcohol testing policy. Check with other employers in your area you're on friendly terms with and see if they'll share a copy with you.