#69 Intoxication During Work Hours

Employee smells of alcohol, demonstrates slurred speech and an unsteady gait, but refuses to admit that he is under the influence of alcohol. The employer agrees not to press the issue by mandating a drug test; however, the employee is given a five-day unpaid suspension plus a mandatory EAP referral, which the employee agrees to.

PERFORMANCE CORRECTION NOTICE

Employee Name: Greg Bjorn

Department: Ceramics Shop

Date Presented: August 7, 2017

Supervisor: Terry Carlisle

 

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:Violation of company policy 2.50, Unsafe Work Practices

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.

Greg,

Two days ago, a coworker reported that he had difficulty holding a conversation with you because you reeked of alcohol. When this was reported to me, I called you into my office to observe your actions. I also smelled a strong odor of alcohol on your breath and saw that your eyes were glassy. You slurred your words, and your gait was impaired because you dragged your right foot as you walked.

I questioned whether you were under the influence of alcohol. You said you were not. I asked you when you had your last drink. You said it had been several days since you had a social drink. I asked you why your eyes were glassy. You stated that you were suffering from allergies. I asked you why you wobbled when you walked, and you explained that you hurt your right knee the night before when playing with your children. I asked you why your speech was slurred, and you stated that you were just tired.

I have cause to believe that you were under the influence of alcohol because of the physical manifestations that I observed. Therefore, I arranged for you to be taken by cab to a chemical laboratory so that you could be tested “for cause.” You refused. Although I stated that failure to test could be grounds for immediate dismissal, you insisted that you were not under the influence of alcohol and that you did not want to be fired.

I decided not to force you to undergo drug testing because (a) this is the first time that I have observed such behavior and (b) you agreed to meet with our Employee Assistance Plan (EAP) provider, Prime Behavioral Health Group, within 24 hours. I have instructed the EAP to provide you with a medical clearance/“fit for duty” notice in order for you to return to work. You will not be permitted back to work next week without the EAP’s clearance.

 

PERFORMANCE IMPROVEMENT PLAN

1. Measurable/Tangible Improvement Goals: Greg, I expect that you will never again appear at work under any condition that could be construed or interpreted as intoxication. 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 to never again possess such substances while on company grounds or on company time. I expect you to fully explore all alternatives for treatment over the next week. I expect you to reevaluate your role in this company and your commitment to ensuring a safe and productive work environment.

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:

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 career standpoint by getting help now.

Negative: If you ever again appear to be under the influence of any alcohol or controlled substances on company time, or if you demonstrate any manifestations of alcohol or drug abuse, you will be automatically transported to an appropriate medical facility for testing. If you refuse to test, or if you test positive for drugs or alcohol, you will be immediately discharged.12 A copy of this document will be placed in your personnel file.13

Scheduled Review Date: None

 

EMPLOYEE COMMENTS AND/OR REBUTTAL

image

 

EMPLOYEE ACKNOWLEDGMENT GOES HERE

Note: Since this is a final written warning, add the following sentence to the Employee Acknowledgment: “I understand that no exceptions will be made under any circumstances and that this is my last chance.”

 

 

 

12 The Americans with Disabilities Act (ADA) precludes you, as an employer, from discharging a worker who is attending an alcohol or drug abuse rehabilitation program. In this case, however, the employee is apparently refusing to recognize an alcohol problem. Therefore, since rehabilitation is not involved, the ADA will not afford the employee any specific protection. In addition, current alcohol use is not a protected disability.

13 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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