#68 Intoxication During Work Hours
Employee admits to having an alcohol addiction after damaging his vehicle by backing into a wall.
PERFORMANCE CORRECTION NOTICE
Employee Name: Walter Meyers |
Department: Engineering |
Date Presented: November 11, 2017 |
Supervisor: Gary Martinson |
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, improper operation of a company vehicle
Policy/Procedure Violation
Performance Transgression
Behavior/Conduct Infraction
Absenteeism/Tardiness
PRIOR NOTIFICATIONS
Incident Description and Supporting Details: Include the following information: Time, Place, Date of Occurrence, and Persons Present as well as Organizational Impact.
Walt,
Issue 1: Yesterday, you backed your company pickup truck into a wall and caused approximately $800 worth of damage to the rear fender and taillights.
Issue 2: When I met with you to find out how that happened, you told me that you had been drinking alone at lunch, and you believe that your judgment was impaired. You further stated that you believe that you are addicted to alcohol, and you requested assistance to enter a rehabilitation program.
Your decision to drive a company vehicle while under the influence of alcohol seriously threatened your safety and the safety of other employees. It violates 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- and alcohol-free, the company will be willing to continue your employment under certain conditions.
PERFORMANCE IMPROVEMENT PLAN
1. Measurable/Tangible Improvement Goals:
• Walt, I expect you never again to 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 immediately enter an alcohol rehabilitation program. You agree to remain in that program until you receive appropriate written medical certification indicating that you have successfully completed the program.9
• 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.10
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 formally referring you to our Employee Assistance Program (EAP) provider, Prime Behavioral Health Group, today. This call will remain confidential. Prime can be reached to assist you at (800) 555-5555. A booklet regarding the EAP’s services is available from Human Resources. Please contact Peter Jaspers, who will be expecting your call.
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 ISSUE 1: 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 these issues. In addition, you will greatly benefit from both a personal and career standpoint by getting help now.
Negative: Issue I: If you ever again improperly or unsafely operate company vehicles or machinery, disciplinary action up to and including dismissal may result.
Issue 2: 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 be discharged.11 A copy of this document will be placed in your personnel file.
Scheduled Review Date: Thirty days (December 11, 2017)
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 have also 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.”
9 The Americans with Disabilities Act (ADA) provides a measure of protection to workers who confess to having an “irresistible compulsion” or inability to stop themselves from engaging in alcoholic or other addictive behavior. In order to utilize the “irresistible compulsion” defense, workers must complete an alcohol rehabilitation program. The program must be either (a) a program certified by your state’s department of health or (b) a reputable nonlicensed program like Alcoholics Anonymous or Narcotics Anonymous. Proof of completion must be in writing by either a physician or a treatment program administrator.
Note, however, that the ADA only protects employees who have completed a drug program and are no longer using drugs or who are “participating in a supervised rehabilitation program and are no longer engaging in such use” [42 USCA Section 12114(b)(2)]. Furthermore, certain states also have statutes protecting employees who have requested and are participating in drug treatment programs.
10 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.
11 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.