An employee is belligerent at work and smells of alcohol. Or an employee is chronically absent from work and the note they provide is from a rehab facility. Maybe an employee comes back from lunch with red eyes and a smell of marijuana. These are all real life questions we have received–and hundreds of others. What is an employer to do?
More than you may want to–but there are obligations surrounding substance abuse that employers and their managers cannot avoid. Like a lot of workplace issues, substance abuse is fact driven and demands a specific approach. Of course this topic cannot be fully explored in a blog post but here are some best practices to consider:
- Do not ignore what is in front of you. Hoping that you do not have to confront substance abuse never works.
- Meet with the employee to discuss the recent behavior and observations.
- Before you discipline, investigate whenever possible.
- Do not be afraid to offer help and support.
- Ensure your front line managers are aware of any EAP resources, FMLA obligations, ADA obligations and any state leave programs.
- Train managers and supervisors on reasonable suspicion and any handbook or policy provisions in your workplace they need to follow.
The hard truth is the legalization of recreational cannabis in many states and the age old problem of alcohol abuse do not stop at the workplace door. You can uphold your work standards and comply with federal and state protections related to substance abuse. We can help. For a fixed monthly fee, your company will have telephone and email access to the employment lawyers at Foley & Foley PC to help you make the best possible decisions in real time. Our most popular fixed fee service– in the thousands– is the Employment Counsel On Call Legal Triage Service.
Our On Call program has an amazing staff of seasoned employment lawyers, ready for your call or email. Contact us for more information.