drunk employees

What is the name of your state (only U.S. law)? Texas

I work for a restaurant that has a couple of employees that come to work under the influence of drugs or alchohol. Our manager is afraid to terminate them saying he can't prove it (although their breath and actions prove it)I tried to look online at the Texas Alcoholic Beverage Commission to see what the penalties for an employer who allowed intoxicated employees (public intox.) to serve alcohol. Can you tell me where I can go to print out what I am looking for or can you tell me the penalties. I would really like a printable official article so that I can post it for employees to see as well as show my boss.
Thank you

I would think that customers would complain if they found themselves in an environment where some of the employees appeared to be under the influence of drugs or alcohol.

Don't count on the manager doing anything that will point to his guilt in allowing drunks and drug takers to work at his establishment.

The easiest thing for him to do will be to figure a way to get rid of you.

Swoopie said:

Our manager is afraid to terminate them saying he can't prove it

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What's he so afraid of? He doesn't have to prove it.

Just terminate with the justification of poor performance and inappropriate conduct. You don't need to say anything about being drugged-up or sauced - better to not make these kinds of "observations" without proof, just to CYA.

Dougthegreat said:

Just terminate with the justification of poor performance and inappropriate conduct. You don't need to say anything about being drugged-up or sauced - better to not make these kinds of "observations" without proof, just to CYA.

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Would the employee then be able to collect unemployment from our company at our companies expense?

Can you tell me about "right to work act"? in Texas

Right to work means that you cannot be forced to join a union to get work. Are you perhaps talking about employment at will?

Swoopie said:

Would the employee then be able to collect unemployment from our company at our companies expense?

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That is none of your business and none of your concern. You are just an employee... leave it at that.

I don't understand the question. Doesn't everyone who serves alcohol drink on the job? Why else would you be a bartender?

Alex23 said:

I don't understand the question. Doesn't everyone who serves alcohol drink on the job? Why else would you be a bartender?

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Are you serious?

eerelations said:

Are you serious?

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I drink... sometimes. The vast amount of bars I frequent allow bartenders to indulge in a few drinks. It is part of the trade. Of course no sane bar owner / manager would tolerate drinking to the point of sloppiness or even moderate intoxication.

xylene said:

I drink... sometimes. The vast amount of bars I frequent allow bartenders to indulge in a few drinks. It is part of the trade. Of course no sane bar owner / manager would tolerate drinking to the point of sloppiness or even moderate intoxication.

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I know this and agree with you...it's just that Alex23 seems to be implying that the only reason people work as bartenders is so they can get drunk on the job (surely there must be other reasons?) and if he's joking, well, OK, hohoho, but if he's serious, well then I'm just absolutely astonished at his lack of knowledge of people, society, bars, and work! I hope he's joking...

eerelations said:

I know this and agree with you...it's just that Alex23 seems to be implying that the only reason people work as bartenders is so they can get drunk on the job (surely there must be other reasons?) and if he's joking, well, OK, hohoho, but if he's serious, well then I'm just absolutely astonished at his lack of knowledge of people, society, bars, and work! I hope he's joking...

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I know that in at least one anecdote in a bar I partonized, after it was sold the new owner adopted a 'no drinking' policy for the staff, and numerous bartenders and servers quit.

Not saying it is the only reason, but a few drinks on the customers dime is a huge perk to a demanding job.

cbg said:

Right to work means that you cannot be forced to join a union to get work. Are you perhaps talking about employment at will?

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Possibly, can you tell me about that?

CourtClerk said:

That is none of your business and none of your concern. You are just an employee... leave it at that.

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What do you mean it's none of my business? Is it a law? Then I have the right to know. I am simply trying to find out some facts so that I may be of help to the company I'm working for.

Swoopie said:

What do you mean it's none of my business? Is it a law? Then I have the right to know. I am simply trying to find out some facts so that I may be of help to the company I'm working for.

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At-will employment means, essentially, that an employee may be terminated for any reason not specifically prohibited by law. Those prohibitions include being fired because of the employees inclusion in one of several specific protected classes, such as sex, race, religion, etc.

With regard to who your manager does or doesn't fire, if you continue to try to interfere you're liable to find out first-hand what at-will employment is all about.