#71 Drug-Related Impairment During Work Hours

Employee admits to having a cocaine addiction when confronted by her supervisor, who notices erratic and strange behavior.

PERFORMANCE CORRECTION NOTICE

Employee Name: Rosalyn Murray

Department: Purchasing

Date Presented: November 7, 2017

Supervisor: John McQueen

 

DISCIPLINARY LEVEL

imageVerbal Correction—(To memorialize the conversation.)

imageWritten Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)

imageInvestigatory Leave—(Include length of time and nature of review.)

imageFinal Written Warning

imageWithout decision-making leave

imageWith decision-making leave (Attach memo of instructions.)

imageWith unpaid suspension

 

SUBJECT:Unsafe work practices, violation of company policy 2.50

imagePolicy/Procedure Violation

imagePerformance Transgression

imageBehavior/Conduct Infraction

imageAbsenteeism/Tardiness

 

PRIOR NOTIFICATIONS

image

Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.

Rosalyn,

Last night at 5:00, we met in my office to discuss interpersonal relations problems with your coworkers that you felt were hindering your ability to perform at your maximum. As you spoke, I saw that your eyes were darting back and forth and that you kept rubbing your hands together. I heard you speak at a very high speed that became almost unintelligible, and I noticed that you were not listening to me or properly interpreting what I was telling you. I shared with you that this concerned me because it was very unlike you to act this way. I asked you if you were under the influence of any drug, narcotic, or alcohol, and you assured me that you weren’t.

This morning at 8:00, you met with me and voluntarily shared that you were indeed addicted to cocaine. You stated that you had voluntarily contacted our Employee Assistance Program provider, Prime Behavioral Health Group, to get help for your problem, and that Prime’s counselor recommended that you take a thirty-day unpaid leave of absence to enter a detoxification program.

Your actions have violated strict company policy and safety practices that prohibit the use and possession of alcohol and drugs on company property during working hours (see attached policy 2.50).

Under normal circumstances, such behavior is grounds for immediate termination. However, because you have sincerely requested assistance to rehabilitate yourself and because you have committed to remain drug-free, the company is willing to continue your employment under certain conditions.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals:

Rosalyn, I expect you to never again be under the influence of any alcohol or other nonprescribed, controlled substance while on company grounds or on company time. Furthermore, you are never again to possess such substances while on company grounds or on company time.

If, for whatever reason, you use or possess alcohol or any other nonprescribed controlled substance while on company grounds or on company time, you will immediately inform your supervisor of this fact. This will place your position in serious jeopardy and may result in immediate dismissal. You will not operate a company vehicle or any machinery that could injure you or a fellow worker.

You agree to remain in the drug diversion/detoxification program until you receive appropriate medical certification indicating that you have successfully completed the program.

You agree in writing to be randomly tested for the presence of alcohol or drugs in your system for the next two years by a medical testing facility. You agree that we have the right to test you for any reason or for no reason at all at our sole discretion.17

2. Training or Special Direction to Be Provided: A copy of our company’s drug-free workplace policy is attached. Please read this policy immediately and provide me with a memo stating that you (a) have read the policy and (b) agree to abide by it and realize that you will be discharged for failing to abide by it.

3. Interim Performance Evaluation Necessary? No

4. Our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group, can be confidentially reached to assist you at (800) 555-5555. This is strictly voluntary. A booklet regarding the EAP’s services is available from Human Resources.18

5. In addition, I recognize that you may have certain ideas to improve your performance. Therefore, I encourage you to provide your own Personal Improvement Plan Input and Suggestions:

image

(Attach additional sheets if needed.)

 

OUTCOMES AND CONSEQUENCES

Positive: I will remain available to help you and discuss areas where you require additional support. If you meet the company’s and your own performance goals, no further disciplinary action will be taken regarding this issue. In addition, you will greatly benefit from both a personal and a career standpoint by getting help now.

Negative: If you refuse to submit to a random test or if you test positive for controlled substances, you will be immediately discharged for cause. If you fail to abide by the dictates of the detoxification program at any time, if you fail to attend the program, or if you in any way “fall off the wagon,” you will immediately be discharged.19 A copy of this document will be placed in your personnel file.

Scheduled Review Date: Thirty days (December 7, 2017)

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

Note: Since this is a final written warning, and the offense involved has legal implications, add the following sentences to the Employee Acknowledgment: “I have been advised to discuss this document with a labor union representative or any other third party that I deem necessary before agreeing to sign it. I understand that no exceptions will be made under any circumstances and that this is my last chance. I also agree that if I do not meet the standards outlined in this warning, I will voluntarily resign or be discharged for cause.”

 

 

 

17 Disclaimer: As far as random testing is concerned, nearly every state has drug testing laws. These laws are often extremely complicated and vary widely state by state. In addition, some cities now are starting to regulate drug testing. Therefore, if there is any question about whether any form of random testing would be allowed in your city or state, do not include this language in your disciplinary warning. Again, always check with qualified legal counsel before proceeding.

18 Delete this paragraph from the form since the employee has already voluntarily contacted the EAP on her own. This language is struck here only to remind you to remove it from the actual write-up.

19 Before actually discharging employees based on a drug- or alcohol-related offense, always consult with your labor attorney. A number of states have some very particular rules in terms of when and under what circumstances an employer may actually discharge for such offenses, so make this a consistent practice at all times.

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