#70 Intoxication During Work Hours
Employee smells of alcohol and demonstrates slurred speech and an unsteady gait. The employer mandates that the employee be tested “for cause,” and the employee tests positive.14 The employee then asks to be entered into an alcohol detoxification program.
PERFORMANCE CORRECTION NOTICE
Employee Name: Ray Cicero |
Department: Sales |
Date Presented: May 30, 2017 |
Supervisor: Teddy Bachelor |
DISCIPLINARY LEVEL
Verbal Correction—(To memorialize the conversation.)
Written Warning—(State nature of offense, method of correction, and action to be taken if offense is repeated.)
Investigatory Leave—(Include length of time and nature of review.)
Final Written Warning
Without decision-making leave
With decision-making leave (Attach memo of instructions.)
With unpaid suspension
SUBJECT:Unsafe work practices, violation of company policy 2.50
Policy/Procedure Violation
Performance Transgression
Behavior/Conduct Infraction
Absenteeism/Tardiness
Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.
Ray,
On May 28, a customer on the sales floor complained that you were exhibiting signs of being intoxicated. The customer stated that your eyes were bloodshot, that you laughed and giggled uncontrollably while conducting your business negotiation, and that you were generally giddy and apathetic about the sale. Apparently, you spoke to the customer about your girlfriend, who had just broken up with you. You made statements along the lines of “Who needs her?” and “Who does she think she is?” You also hiccupped and belched in the customer’s presence.
I met with you at that time at the customer’s request. I concurred that you exhibited behaviors indicative of being under the influence of alcohol. I also smelled liquor on your breath when I stood about two feet away from you. I stated to you that your behavior constitutes misconduct. In addition, because I had reasonable cause to suspect that you were intoxicated, you volunteered to be tested by a drug lab within the hour.
The test results revealed that your blood alcohol level was above the legal limit. Because you tested positive for alcohol consumption while on company premises and during working hours, you have violated policy 2.50, Drug-Free Workplace, and you are not sufficiently responsible to remain employed by our firm.
However, you then admitted to me that you had a chronic alcohol problem that you truly wished to beat. You stated that you could not help yourself when it came to drinking and that you had taken it upon yourself to make an appointment with a state-certified detoxification program to get help.
You have committed to remain drug-free and to voluntarily enter a detoxification program. The company is therefore willing to continue your employment under certain conditions.
PERFORMANCE IMPROVEMENT PLAN
1. Measurable/Tangible Improvement Goals:
• Ray, 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, a customer, or a fellow worker.
• You agree to remain in the alcohol rehabilitation program until you receive appropriate written medical certification indicating that you have successfully completed the program.
• You agree 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.15
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. I am now formally referring you to our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group. The EAP can be confidentially reached to assist you at (800) 555-5555. A booklet regarding the EAP’s services is available from Human Resources. Please ask for Rodd Hope, who is expecting your call no later than tomorrow.
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:
(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 rehabilitation program at any time, if you fail to attend the program, or if you in any way “fall off the wagon,” you will immediately resign or be discharged.16
Furthermore, because you failed to volunteer that you had engaged in alcohol consumption until it was proven via a test, you are being placed on a one-day paid decision-making leave tomorrow. I expect you to reevaluate your role within this organization and your commitment to remain a productive member of our car sales team.
If you choose not to return to work the day after tomorrow, I will respect your decision. However, if you choose to return, understand that you will be held fully accountable for all your actions. If you again appear intoxicated at work, or if you again fail to provide acceptable service to any customer, you will be immediately discharged for cause. A copy of this document will be placed in your personnel file.
Scheduled Review Date: None
EMPLOYEE COMMENTS AND/OR REBUTTAL
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 understand that no exceptions will be made under any circumstances and that this is my last chance.”
14 In most states, employers must have a “compelling business interest,” “probable cause,” or a “reasonable suspicion” in order to administer an invasive drug test. If you have probable cause to suspect that an employee’s performance has been impaired by current drug or alcohol abuse, immediately contact your labor attorney to learn of your rights and limitations in ordering the employee to submit to a drug test and/or take corrective action based on drug test results.
15 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.
16 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.